Neutral Citation No. - 2025:AHC-LKO:47215-DB Court No. - 2 Case :- WRIT - C No. - 7480 of 2025 Petitioner :- M/S Hindustan Drug And Pharmaceuticals Thru. Its Sole Proprietor Smt. Savita Srivastava And Another Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Medical Health And Family Welfare And 3 Others Counsel for Petitioner :- Lalta Prasad Misra,Prafulla Tiwari Counsel for Respondent :- C.S.C. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J. Heard dr. L. P. Mishra, learned counsel for the petitioners and learned Standing Counsel, who appears on behalf of State-Respondents. This petition has been filed by the petitioners with the following main prayer : "Issue a writ, order or direction in the nature of mandamus commanding the opposite parties to pay the petitioners the admitted outstanding amount of Rs.1,09,47,750/- as admitted in letter dated 17.04.2025 written by the opposite party no.4 to the opposite party no.3 along with 18% interest till the date of actual payment." It has been submitted by learned counsel for the petitioners that the petitioner no.1 is a proprietorship firm having its registered office at KDC Road near Krishi Vigyan Bhawan Kendra, District Bahraich dealing in the supply of various medicines and medical equipment etc. and petitioner no.2 is its sole proprietor. On the basis of an e-tender notice, the petitioners applied and were declared successful and they supplied all medical items and equipment within the time period prescribed by the opposite party no.4. They also submitted indents as an when asked by the opposite party no.4. It has also been submitted that an audit of the bills of the firm was carried out on 26.03.2021, 28.03.2021 and 30.03.2021 as directed by the Chief/ Senior Treasury Officer, Shravasti. The amount due against the bills of the petitioners was shown as Rs.1,09,47,750/-. Opposite party no.3 i.e. Finance Controller, Medical Health and Family Welfare Department, Swasthya Bhawan, Lucknow wrote various letters for making payment to the petitioners' firm, but no payment was made due to non-availability of budget. Opposite party no.4 i.e. Chief Medical Superintendent, Combined District Hospital, District Shravasti wrote a letter on 17.04.2025 to opposite party no.3 i.e. Finance Controller, Medical Health and Family Welfare Department, Swasthya Bhawan, Lucknow requesting release of funds for payment of the admitted amount, but till date, no payment has been made to the firm. Hence, this writ petition has been filed. Learned Standing Counsel was earlier granted time by this Court to ascertain the correct factual position and has submitted, on the basis of instructions dated 12.08.2025 sent by Shri Shivendra Kumar Mishra, Finance Controller, Medical, Health and Family Welfare Department, Lucknow, that the Chief Medical Superintendent, Combined District Hospital, Shravasti (C.M.S.) had written on 17.04.2025 for allocation of budget. Such letter was received in the office of the Finance Controller on 27.06.2025. The Directorate, by its letter dated 01.07.2025, issued to the C.M.S., stated that since the payment relates to the Financial Year 2020-21, the bills need to be re- audited/revived/punarjivit kiya jana. The Directorate again sent a letter on 04.08.2025 directing the C.M.S. to appear before this Court along with detailed instructions for expeditious disposal of Writ A No.7480 of 2025. The Directorate also issued another letter on 12.08.2025 to the C.M.S. asking him to get the bills audited, as they pertain to the Financial Year 2020-21. The Directorate is waiting receipt of the audited bills from the C.M.S. along with a demand for allocation of funds. As soon as such action is completed by the opposite party no.4, the budget will be allocated. Copy of such instructions is taken on record. This petition is disposed of with a direction to the opposite party no.4 i.e. Chief Medical Superintendent, Combined District Hospital, District Shravasti to undertake the exercise repeatedly required by the Directorate and complete the same within a period of one month from today and to submit the bills to the Finance Controller and Directorate latest by 12.09.2025. If such a demand for allocation of funds is made by opposite party no.4, the Directorate shall allocate the budget as expeditiously as possible preferably within a period of three months thereafter. Order Date :- 13.8.2025 Mahesh Digitally signed by :- MAHESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench