M/S Kk Enterprises vs. State Of U.P. And 4 Others
Facts
The petitioner, M/s Kk Enterprises, filed a writ petition before the Allahabad High Court seeking a mandamus directing the respondents to upload pending invoices on the ERP portal and release a payment of Rs. 4,53,446/- along with applicable GST and interest for delayed payment to M/s G.S. Enterprises. The petitioner is seeking payment for services rendered. The Court noted that the facts were not clearly ascertained and that the decision to make payment had to be taken by respondent no. 5, who had not yet made such a decision. The Court observed that no useful purpose would be served by keeping the petition pending or calling for a counter-affidavit.
Held
The Court held that since the facts were not clearly ascertained and the decision to make payment was pending with respondent no. 5, it would not be beneficial to keep the writ petition pending or to call for a counter-affidavit at this stage. The Court directed the petitioner to file a fresh representation before respondent no. 5, the Executive Engineer, Purvanchal Vidyut Vitran Nigam Limited, Siddhartha Nagar. This representation should include a personal affidavit, all relevant documents, and the uploaded bills on the designated web portal. Respondent no. 5 is to decide this representation strictly in accordance with law by way of a reasoned order within two months of its filing. Any amount found due and payable is to be paid to the petitioner within a further period of two months. The Court did not expressly leave any issue undecided, but the substantive relief sought by the petitioner was deferred for decision by the appropriate authority.
Key Issues
1. Whether the Court should issue a writ of mandamus directing the respondents to upload pending invoices and release payment of Rs. 4,53,446/- along with GST and interest for delayed payment. The petitioner argued that the respondents should be directed to upload the pending invoices and release the payment, including applicable GST and interest, as the amount was due and payable. The petitioner sought immediate action from the authorities. The respondents' counsel did not present any specific arguments against the petitioner's claim as the matter was being disposed of at an early stage. The Court did not record any specific arguments from the revenue or State beyond their representation through counsel.
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Neutral Citation No. - 2025:AHC:90570-DB
Court No. - 40 Case :- WRIT - C No. - 17242 of 2025 Petitioner :- M/S Kk Enterprises Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Bashisth Narain Pandey Counsel for Respondent :- C.S.C.,Shrawan Kumar Tripathi Hon'ble Shekhar B. Saraf,J. Hon'ble Dr. Yogendra Kumar Srivastava,J.
Heard Sri Bashishth Narain Pandey, learned counsel appearing on behalf of the petitioner and Sri Shrawan Kumar Tripathi, learned counsel appearing on behalf of respondents.
This is a writ petition under Article 226 of the Constitution of India wherein the writ petitioner has prayed for the following substantial relief : "A) to issue writ, order or direction in the nature of mandamus directing the Respondents, to upload the pending invoices of the Petitioners on the ERP portal immediately and release the payment of Rs.453446/- along with applicable GST to M/s G.S. Enterprises including interest for delayed payment."
Facts are not clearly ascertained. In any case the decision to make payment has to be taken by the respondent no.
No such decision has been made by that authority till date.
In view of the above, no useful purpos
The judgment continues below.
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