Jai Kisan Agricultural Development Technology And Science Multipurpose Society v. Chief Executive Officer Municipal Council Kalamnuri And Another

2024:BHC-AUG:18950-DB ( 1 ) 38 wp 8704.24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 38 WRIT PETITION NO. 8704 OF 2024 JAI KISAN AGRICULTURAL DEVELOPMENT TECHNOLOGY AND SCIENCE MULTIPURPOSE SOCIETY

VERSUS

CHIEF EXECUTIVE OFFICER MUNICIPAL COUNCIL KALAMNURI & ANR. .....

Advocate for the Petitioner : Mr. Jogdand Patil Vijay B. AGP for Respondents/State : Mr. S.K. Tambe .....

CORAM : RAVINDRA V. GHUGE & Y.G. KHOBRAGADE, JJ.

DATE :

19th August, 2024 P.C. :- 1.

The Petitioner is a business Entity / Industry which claims to have rendered service to the Municipal Council, Kalamnuri, District Hingoli. A bill of charges has not been raised. Representation is made for payment of Rs.1,48,000/-, towards submitting a report titled as 'Biodiversity Account Book'. Interest @ 12% P.A. from 27.12.2021, is sought to be recovered. 2.

This Court, while exercising a Writ of Mandamus, cannot exercise jurisdiction for causing recovery of unpaid amounts of a business entity. If the Petitioner is aggrieved that certain amounts towards the service rendered, are outstanding, a recovery suit can be filed. Moreover, the Petitioner is yet to

( 2 ) 38 wp 8704.24 raise the bill for claiming the said amount of Rs.1,48,000/-, from Respondent No.1.

3.

In view of the above, this Writ Petition is disposed off. The Petitioner is at liberty to avail of a legal remedy for recovery of the said amount, as is permissible in law.

[Y.G. KHOBRAGADE, J.] [RAVINDRA V. GHUGE, J.] mub