THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR WP NO. 27077 OF 2011 Date of Judgment: 10.11.2011 Between: M/s. Anand Construction Company represented by its Partner, K.S. Anand …Petitioner and The General Manager, South Central Railway, Secunderabad and others ..Respondents THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR WP NO. 27077 OF 2011 ORDER: The petitioner’s only grievance is with regard to non- payment of amounts under final bill, security deposit and bank guarantee, in spite of the said amounts being admitted by the respondents-railways. After hearing learned counsel for the petitioner and the learned standing counsel for the respondents, it is evident that the petitioner has been found to have satisfactorily completed the contract works and performance bank guarantee was ordered to be released under proceedings dated 16.6.2011. The learned for the petitioner also relies upon the certified copy of final bill produced by him along with the material papers. Since the dispute which is subject matter of this writ petition relates to payment of final bill to the petitioner, the adjudication of rival claims and ascertainment of amounts payable to the petitioner cannot be taken up under Article 226 of the Constitution of India. Hence this writ petition is disposed of permitting the petitioner to approach the third respondent for receiving the payments by making a fresh representation for that purpose and on receipt of such representation, the third respondent shall release the admitted amount payable to the petitioner, within four weeks thereafter. In the event of the petitioner being aggrieved by any disallowed claim, it is open for him to take appropriate legal proceedings as permissible under law. The writ petition is accordingly disposed of. No costs. _________________________ VILAS V. AFZULPURKAR, J Dt. 10.11.2011 KR