Disposed

M/s. Anjana Sravani Enterprises v. Union of India

Telangana HC31 Jul 2023WP/18519/2023

Case brief

AI extract

What is this about?

The petitioner challenged the delay in releasing dues for diet catering services provided during the COVID period. The Court, observing that proposals were pending and no order was passed by the Supreme Court below, disposed of the petition by directing authorities to clear dues within four weeks.

What did the court decide?

Direction to respondent Nos. 1 to 4 to clear all pending bills of the petitioner by releasing amounts legally due within four weeks from the date of receipt of the order.

M/s. Anjana Sravani Enterprises Vs Union of India — Service and Employment | Telangana HC (2023)

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132521

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)

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MONDAY, THE THIRTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY THREE

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PRESENT

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THE HONOURABLE MRS JUSTICE SUREPALLI NANDA

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WRIT PETITION NO: 18519 OF 2023

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Between:

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M/s. Anjana Sravani Enterprises, Rep. by its Managing Partner K.Srinivasa Rao, S/o. Venkateshwar Rao, Aged about 55 years, Occ- Contractor, R/o.5109, NJPN Nagar, Miyapur, Ranga Reddy District, Hyderabad

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...PETITIONER

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AND

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1 Union of lndia, Rep by its Secretary, Ministry of Labour and Employment, New Delhi. )

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The Medical Commissioner, ESIC Head Quarters, Panchdeep Bhavan, CIG Marg, New Delhi-1 10002

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The Dean, ESIC Medical College Hospital, Sanathnagar, Hyderabad, Telangana State

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Deputy Director, ESIC Medical College Hospital, Sanathnagar, Hyderabad, Telangana State.

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Assistant Director, General Branch, ESIC Medical College Hospital, Sanathnagar, Hyderabad, Telangana State

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...RESPONDENTS

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Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue order, writ or direction more particularly. one in the nature of WRIT OF MANDAMUS, declaring the action of the respondents in not releasing the pending due bills to the petitioner for tendering diet catering service during the covid period commencing from May 2020 to April 2021 as illegal, arbitrary and violative of Fundamental Rights under Articles^'14, and 21 of the Constitution of lndia and consequentially direct the respondents authorities to release the bills to the petitioner.

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lA NO: 1 OF 2023

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Petition unde S,er;tion^'1 51 CPC^praying that ir the^{<rirr;unrstances stated} in the affidavit filecl rr support of the^petition, the Higlr Cotltt^{nav be pleased} to direct the resprrnder ls authorities to release the^pendirg arro.tnt^{oonsidering the} representation dele 2111112022 submilted by the^petition:r along^{with the} pending bills due 1o ho petitioner.

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Counsel for the Peti :ic,ner: SRI PONNAM MAHESH BABU, I'DVOCATE

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Counsel for the Res :c'ndent No.1: SRI GADI^PRAVEEN Kl.ll/L\R, Dy. SOLICITOR GENERAL OF INI)lA

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Counsel for the Res :c,ndent Nos.2 to 5: SRI PASAM SRINIVA.S,^SC

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The Court made the fcllowing: ORDER

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HON'BLE MRS JUSTICE SUREPALLI NANDA

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WRIT PETITION o.18519 0 F 2023

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ORDER:

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Heard learned counsel for the petitioner, Mr.Gadi Praveen Kumar, learned Deputy Solicitor General of fndia, for respondent No.1 and Mr.pasam Srinivas, learned Standing Counsel appearing for respondent Nos.2 to 5.

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The petitioner has approached this Court, seeking the following relief:

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"...pleased to issue order yrrit or direction more

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' particularly one in the nature of WRIT OF MANDAMUS declaring the actron of the respondents . in not releasing the pending due bills to the petitioner for tendering diet catering service during the Covid period commencing from May 2020 to April 2021 as illegal, arbitrary and violative of Fundamental Rights under Articles 14 and 21 of the Constitution of India and consequentially direct the respondents' authorities to release the bills to the petitioner and to pass...'.

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It is the specific grievance of the petitioner that in spite of detailed representation of the petitioner dated 2L.L1.2022 addressed to the respondent authorities for release of pending due bills to the petitioner for tendering diet catering service

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during the .()vid period commencing frorn M;y 2C20 to April 2021, nc, rction has been initiated by the rt. sprtndents for releasing tl- ,r amounts legally due to flre p,rtitic)n€, h,3r.ein as per the pendiag bills of the petitioner.

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This; C orrrt on 20.07.2023 passed or-d:rs in Ute lresent writ petition No. 8519 ot 2023, observing as unCer:

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'It is represented by Sri Pasam ,cirirrivas, learn )d Stalrding Counsel appeari ng for respo ndent Nos.2 to 5, that the prollosals for paym -'rrt of amounts were already forrv;rrded to respo ndent No.2 and the same are pending with respo ldent No.2 and the same vur:,ulrl be proce ssed in accordance with the rules.

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.n view of the same, learned Standing Coun! el shall get specific instructir>ns from respo rclent No,2 as to why the propor;als; are kept rending since 2021 onwards altcl vvithin how r ruch time, the same would be pr<lc:es:;ed.,,

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A bar I perusal of the contents JI the letter dated

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30.01.2023 >f the 5th respondent reads as under:

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"witr ei'erence to your letter dated 21.11 .2'.)22, it is to info 'nr that permission has been sought trom ESIC Headq rarters, New Delhi for your bil s for s tpgrly of diet^r uring COVID. Bills will be pfocessed accord n1;ly on receipt of communicatirtn frcnr ES;IC Headq ra rters, New Delhi."

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Learne J counsel appearing on behalf of resl:onJent Nos.2 to 5 submits trat the bills of the petitioner wou d be processed

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within reasonable period and further requests for a period of four weeks to clear ofl all the pending dues to the petitioner by releasing the amounts legally due to the petitioner as per the bills pertaining to the petitioner.

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Taking into consideration the contents of the letter dated 30.O1 .2023 ol the 5th respondent and also the submissions made by the learned counsel appearing on behalf of respondent Nos.2 to 5, the writ petition is disposed of directing respondent Nos.1 to 4 to consider the petitioner's representation dated 21.11.2022 and clear off all pending bills of the petitioner by releasing the amounts legally due to the petationer, in accordance to law within a period of four (04) weeks from the date of receipt of a copy of this order. However, there shall be no order as to costs.

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Miscellaneous petitions, if any, pending shall stand closed.

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SD/- P. PADMANABHA REDDY

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//TRUE coPY//^{ASSlsrAtffi:GlsrRAR}

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To, SECTION OFFTCER 1. TherSecretary, Ministry of Labour and Employment, New Delhi, Union of ESrc Head euarters, panchdeep Bhavan, crG

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: iffiry,i3fif,n",:lT'6'o.d?:",, t IlErro""rTl,ESlc IVLdical college Hospiiat, sanathnasar, Hyderabad, I lffi"':r"gt[u,ro;ffib,*'" rtzledical college Hospital, sanathnasar,

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:, sr: EE H S[i Eldy-i*-3""$+ff u fl?t#8i,e#', " 5; :,[iffi ij**. ". BSR / GJP sZ/

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HIGH COURI

DATED: 3110''12023

ORDER

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WP.No.18519 of 2023

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DISPOSING^(IFI THE WRIT PETITION,

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WITHOUT CC STS

M/s. Anjana Sravani Enterprises v. Union of India

Case brief

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M/s. Anjana Sravani Enterprises v. Union of India

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