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Bombay High CourtWP/8655/2024disposed off

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

2024-08-20Hon'Ble Shri Justice Ravindra V. Ghuge,Hon'Ble Shri Justice Y. G. Khobragade2 pages

2024:BHC-AUG:19066-DB *1* 912wp8655o24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 912 WRIT PETITION NO. 8655 OF 2024 JAI KISAN AGRICULTURAL DEVELOPMENT TECHNOLOGY AND SCIENCE MULTIPURPOSE SOCIETY

VERSUS

CHIEF EXECUTIVE OFFICER AND ANOTHER ...

None Advocate for the Petitioner.

Shri B.M. Dhanure, AGP for the State of Maharashtra. ...

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

DATE :- 20th August, 2024 Per Court :- 1.

The Petitioner is a business Entity / Industry which claims to have rendered service to Respondent No.1/Nagar Panchayat. A bill of charges has not been raised. Representation is made for payment of Rs.1,46,000/-, towards submitting a report titled as 'Biodiversity Account Book'. Interest @ 12% P.A. from 29.11.2021, 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 private business entity. If the Petitioner is

*2* 912wp8655o24 aggrieved that certain amounts towards the service rendered, are outstanding, a recovery suit can be filed, subject to the law of limitation. Moreover, the Petitioner is yet to raise the bill for claiming the said amount of Rs.1,46,000/-, 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. kps (Y. G. KHOBRAGADE, J.) (RAVINDRA V. GHUGE, J.)