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2025 DAILYLAW 61183 (ALL)

M/S KK ENTERPRISES v. STATE OF U.P. AND 4 OTHERS

WRIC/17242/2025 · 2025-05-26

Shekhar B Saraf, Y K Srivastava

body2025

Judgment text

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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. 1. 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. 2. 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." 3. Facts are not clearly ascertained. In any case the decision to make payment has to be taken by the respondent no.5. No such decision has been made by that authority till date. 4. In view of the above, no useful purpose would be served in keeping the present petition pending or calling for a counter affidavit, at this stage. 5. Accordingly, the writ petition is disposed of with a direction upon the petitioner to file a fresh representation before the respondent no.5/Executive Engineer, Purvanchal Vidyut Vitran Nigam Limited, Electricity Distribution Division Siddhartha Nagar annexing therewith his personal affidavit, all relevant documents on which he may seek to rely and/or upload the bills on the web portal designed for that purpose. In the event such a representation is filed within a period of two weeks from date, the same may be dealt with and decided by the respondent No.5 strictly in accordance with law by way of a reasoned order within a period of two months from the date of filing of said representation. Any amount found due and payable should be paid to the petitioner within a further period of two months. Order Date :- 27.5.2025 Kuldeep (Dr. Y.K. Srivastava, J.) (Shekhar B. Saraf, J.) Digitally signed by :- KULDEEP SINGH High Court of Judicature at Allahabad