M/S G.S. Enterprises vs. State Of U.P. And 4 Others
Facts
The petitioner, M/s G.S. Enterprises, filed a writ petition seeking a mandamus directing the respondents to upload pending invoices on the ERP portal and release a payment of Rs. 312,077/- along with applicable GST and interest for delayed payment. The petitioner is seeking payment from respondent no. 5. The Court noted that the facts were not clearly ascertained and that no decision on payment had been made by respondent no. 5 to date. The Court deemed it unnecessary to keep the petition pending or call for a counter-affidavit at this stage.
Held
The Court held that no useful purpose would be served by keeping the writ petition pending or calling for a counter-affidavit at this stage, given that the facts were not clearly ascertained and no payment decision had been made by respondent no. 5. The Court disposed of the writ petition with a direction. The petitioner is required to file a fresh representation before respondent no. 5, supported by a personal affidavit and annexing all relevant documents. The petitioner also needs to upload the bills on the designated web portal. Respondent no. 5 is directed to deal with and decide this representation strictly in accordance with law within two months of its filing. If any amount is found due and payable, it should be paid to the petitioner within a further period of two months.
Key Issues
1. Whether the Court should issue a writ of mandamus directing the respondents to upload pending invoices and release payment to the petitioner. Petitioner's contention: The petitioner argued that the respondents should be directed to upload their pending invoices on the ERP portal and release the due payment of Rs. 312,077/- with applicable GST and interest for delayed payment. Revenue/State's contention: The judgment does not record any specific arguments made by the respondents. However, it notes that no decision on payment had been made by respondent no. 5.
AI-generated summary — verify with the full judgment below
Neutral Citation No. - 2025:AHC:89453-DB Court No. - 40 Case :- WRIT - C No. - 17027 of 2025 Petitioner :- M/S G.S. 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 Bashisth Narain Pandey, learned counsel appearing on behalf of the petitioner and Sri Shrawan Kumar Tripathi, learned counsel appearing on behalf of respondent nos.2 to 5 and learned Additional Chief Standing Counsel appearing on behalf of State.
The writ petition has been filed for the following main relief : "A) to issue writ, order or direction in the nature of mandamus directing the Respondents, to upload the pending invoices of the Petitioner on the ERP portal immediately and release the payment of Rs.312077/- alongwith 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 purpose woul
The judgment continues below.
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