Vikram Surgical Distributors Vs the State of Ap

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction)

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MONDAY ,THE SIXTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE

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THE HONOURABLE DR JUSTICE K MANMADHA R

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WRIT PETITION NO: 3447 OF 2024

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Between:

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Vikram Surgical Distributors, Rep. by its authorized proprietor, P.Srinivas, S/o.Narasimaha Rao, Aged about 48 years, Occ Business, R/o. D.No.6-1-228, First Floor, Mallamma Centre, Narasaraopet, Palnadu District-522601

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...PETITIONERS'

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AND

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The State Of Andhra Pradesh, Rep. by Principal Secretary,^Medicaland Health Department, Secretariat, Velagapudi, Amaravathi.

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The Director, Insurance Medical Services, Vijayawada,^Andhra Pradesh.

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The Joint Director, Insurance Medical Services, ESI Hospital, Gunadala, Vijayawada

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...RESPONDENTS .

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Petition under Article 22^ of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of the Respondents in not releasing the amounts due to the Petitioner Firm in respect of supplies made for the period 2017-2018 and 2018-2019, inspite of paying GST,--

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^ Income Tax and inspite of submission of all requisite material in pursuance to letter issued by the Commercial Tax Department dated^{11/01/2023and} not taking any action on the Petitioner's latest representation dated 02/12/2023, as illegal, arbitrary, violation of Principles of Natural Justice and violation of Articles 14, 19(1)(g) and 21 of the Constitution of India, and consequently direct the Respondents to forthwith^{releasetheamount} ofRs.3,07,23,205/-(Three crores. Seven lakhs. Twenty^{threethousandtwo} hundred five rupees), along with interest @24 percent per annum from the date of due till the date of payment. ^

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lA NO: 1 OF 2024

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Petition under Section 151 CPC praying that in the^{circumstances} stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondents to take immediate action on the Petitioner's representation dated 02/12/2023 for release of bills amount for the period 2017-2018 and 2018-2019 towards the supplies made by the Petitioner to the Respondents. ^

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Counsel for the Petitioner(s): SRI. PSP SURESH KUMAR

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Counsel for the Respondent Nos.1 to 3: GP FOR MEDICAL HEALTH FW(AP)

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The Court made the following: ORDER

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1

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APHC010062342024

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3310] (Special Original Jurisdiction)

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MONDAY ,THE SIXTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE DR JUSTICE K MANMADHA RAO

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WRIT PETITION NO: 3447/2024

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Between:

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Vikram Surgical Distributors ...PETITIONER

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AND The State Of Ap and Others ...RESPONDENT(S)

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Counsel for the Petitioner:

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1.P S P SURESH KUMAR Counsel for the Respondent(S): 1.GP FOR LABOUR 2.VCH NAIDU

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3.GP FOR MEDICAL HEALTH FW(AP) The Court made the following:

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ORDER:

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The Writ Petition is filed under Article 226 of the Constitution of India, seeking the following relief;

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" declaring the action of the Respondents in not releasing the amounts due to the Petitioner Firm in respect of supplies made for the period 2017-2018 and 2018-2019, inspite of paying GST, Income Tax and inspite of

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\

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2

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submission of all requisite material in pursuance to letter issued by the Commercial Tax Department dated 11/01/2023 and not taking any action on the Petitioner’s latest representation dated 02/12/2023 as illegal, arbitrary, violation of Principles of NaturalJustice and violation of Articles 14, 19(1)(g) and 21 of the Constitution of India, and consequently direct the Respondents to forthwith release the amount of Rs.3,07,23,205/- (Three crores Seven lakhs Twenty three thousand two hundred five rupees), along with interest @ 24% per annum from the date of due till the date of payment and pass such other order or orders ”

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Heard Mr.P.S.P.Suresh Kumar, learned counsel for the petitioner and learned Assistant Government Pleader for Medical, Health and Family Welfare, appearing for the respondents 1 to 3.

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On hearing, learned counsel for the petitioner reiterated the contentions which are urged in the writ petition and limited his request to dispose of the representation dated 02.12.2023 submitted by the petitioner, without touching the merits of the case.

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On the other hand, learned Assistant Government Pleader for Medical, Health and Family Welfare, appearing for the respondents 1 to 3, readily agreed to dispose of the said representation submitted by the petitioner, if any, pending with the respondent-authorities.

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In view of the submission of the learned Assistant Government Pleader, this Court need not decide the truth or otherwise of the allegations made in the petition. This Court is conscious that no such direction be issued, in view of the Judgment of the Honourable Apex Court in “The Government of India v.

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3

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GL

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P.Venkatesh 1.. wherein the Honourable Apex Court held that such orders may make for a quick or easy disposal of cases in overburdened adjudicatory institutions. But, they do no service to the cause of justice. Hence, find no other alternative except to issue such direction.

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In the result, the Writ Petition is disposed of, directing the respondents to dispose of the representation dated 02.12.2023 submitted by the petitioner, as expeditiously as possible, preferably within a period of three (03) months from the date of receipt of a copy of this^order. There shall be no order as to costs.

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