2024 (10) TMI 956 - HC - GST

Seeking mandamus, certiorari, or appropriate writ for complete record disclosure and payment clearance - HELD THAT - Considering the facts and circumstances of the case, ground raised in the writ petition as also submission of learned counsel for the petitioner that the laboratory items have been supplied by the petitioner in the month of March 2023 and amount is to be disbursed within 20 days from the date of receipt of articles under the supply order, without commenting anything on merits of claim of the petitioner, this writ petition at this stage is disposed of permitting the petitioner to submit fresh representation before respondent No. 3 as also respondent No.2 who is also holding the ex-officio post of Mission Director, Samagra Shiksha and if such representation is filed, the same shall be considered and decided by the concerned authority in accordance with law. Petition disposed off.

Summary

Issues:
- Writ petition seeking mandamus, certiorari, or appropriate writ for complete record disclosure and payment clearance.
- Non-payment for supplied laboratory items by respondent.
- Delay in disbursement of payment despite multiple requests.
- Entitlement for payment along with interest as per rate contract.
- Pending consideration of payment claim by the State.
- Grievance against specific respondents.
- Disposal of writ petition without commenting on merits, allowing fresh representation.

Analysis:
The petitioner filed a writ petition seeking various reliefs, including mandamus for disclosing the complete record and directing the respondents to clear the payment for laboratory items supplied. The petitioner supplied laboratory equipment as per a supply order but has not received payment of Rs. 2,39,699.36/- along with GST. Despite multiple requests and representations, the payment has not been disbursed. The petitioner claimed entitlement to the amount as per the rate contract, which mandates immediate payment post-supply. The State assured that the payment claim would be considered in accordance with the law.

The court heard arguments from all parties and reviewed the documents attached to the writ petition. Without commenting on the merits of the claim, the court disposed of the petition. The petitioner was permitted to submit a fresh representation to the concerned authorities, namely respondent No. 3 and respondent No. 2, within 45 days. The authorities were directed to consider and decide on the representation promptly, and thereafter disburse the undisputed claim raised by the petitioner. The judgment focused on expediting the resolution of the payment issue without delving into the substantive aspects of the claim.