IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY FOURTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 25673 of 2008 Between: Sevak Labour Contract Co-operative Society Ltd. Rep. by President, Rahamathulla Pasha, S/o. Gulam Mohiuddin R/o. 21-4-202/1, Hussaini Alam, Hyderabad. ..... PETITIONER AND 1 The Commissioner GHMC. at Tank Bund, Hyderabad. 2 The Chief Engineer GHMC. at Tank Bund, Hyderabad. 3 The Addl. Commissioner (Works) GHMC. at Tank Bund, Hyderabad. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to pass an order or orders one in the nature of writ of mandamus declaring the inaction of the Respondents for not considering the representation given by the Petitioner society from 16-3-2004 and also legal notice dated 19-3-2008 and 12-2-2008 for release of the final payment of amount of Rs.6,63,987/- in favour of the Petitioner society in view of the provisions of A.P. Public Works Accounts Code and Rule 289 for immediate cash payment and declare the same as totally illegal, arbitrary against the principles of natural justice. Counsel for the Petitioner:MR.SURESH SHIV SAGAR Counsel for the Respondents: R.RADHA KRISHNA REDDY(SC FOR GHMC,SNCZONE) The Court made the following : ORDER: The petitioner is a Labour Contract Cooperative Society. It is said to have been awarded works of laying C.C. road, estimated at about Rs.20 lakhs, in ward No.19/B, Circle-II, GHMC, in the year 2002. The grievance of the petitioner is that the respondents have not cleared the bills so far, in spite of repeated representations. Heard learned counsel for the petitioner and learned Standing Counsel for the Corporation. The petitioner claims to have made several representations. However, only a copy of legal notice, dated 19.03.2008, is enclosed. In case the petitioner has been entrusted with the work and the same has been executed, the Corporation is under obligation to clear the bills. On the other hand, if the petitioner is not entitled for any payment, the same information needs to be furnished to it. The matter cannot be kept pending, indefinitely. Hence, the Writ Petition is disposed of, directing the respondent-Corporation to pass orders, on the representation made by the petitioner, with regard to payment of bills, within a period of two months from the date of receipt of a copy of this order. To avoid delay in the matter, it is directed that the petitioner shall enclose copies of its previous representations to the copy of this order and submit the same to the Municipal Corporation. There shall be no order as to costs. _______________________ Dt.24.11.2008 L.NARASIMHA REDDY, J Note:Furnish C.C. in three days. (B/o) GJ