IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY NINETH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 18848 of 2008 Between: Annapoorna Consumers Cooperative Stores Ltd Rep.by its Secretary & Incharge President M.Guru Krishna Vara Prasad S/o.Venkataiah, H.No.12-5-1-Prakashnagar Narsaraopet, Gutur District ..... PETITIONER AND Eluru Corporation Rep.by its Commissioner Eluru W.G District .....RESPONDENT 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 issue a writ of Mandamus declaring the action of the respondents in not paying the bill amount along with interest at the rate of 24% per annum from dated 06.08.2004 and subsequent dates as illegal, arbitrary and discriminatory in nature and consequently direct the respondents to consider the representation submitted by the petitioner dated 01.08.2008 and pass Counsel for the Petitioner: MR.U.RAMANJANEYULU Counsel for the Respondent: MR.S.NAGESWARA REDDY The Court made the following : ORDER: This writ petition has been ﬁled by Annapoorna Consumer’s Cooperative Central Stores Limited, represented by its Secretary & In-charge President, assailing the action of the respondent in not acting on its representations with regard to payment of bills. The petitioner is a society registered under A.P. Cooperative Societies Act, vide Regd.No.589. It has been supplying bleaching powder, alama (patika) and other material to the respondent-municipality. As per the order placed by the respondent, the petitioner supplied 10 tonnes of bleaching powder on 6.08.2004 worth Rs.2,68,000/- and again ﬁve toones of bleaching power worth Rs.1,34,000/- on 28.09.2004. It also supplied 10 toones of alama (patika) worth Rs.45,120/- on 16.05.2005 and another 10 tonnes of alama worth Rs.45,120/- on 5.07.2005. The respondent having received the goods failed to pay the bill amount, as such, the petitioner ﬁled O.S.No.67 of 2007 on the ﬁle of the Principal District Judge, Eluru, West Godavari District, which is still pending. Thereupon, the petitioner submitted representation on 01.08.2008 requesting the respondent to settle the bills. There being no response from the respondent, the petitioner choose to approach this Court invoking jurisdiction under Article 226 of the Constitution of India. When the writ petition came up for admission, Sri S. Nageswara Reddy, learned Standing Counsel appearing for Eluru Municipality received notice on behalf of the respondent. Heard learned counsel appearing for the petitioner and learned Standing Counsel appearing for the respondent. The fact of the petitioner supplying certain items to the respondent is not in dispute. When the bill amounts are not paid, the petitioner submitted representation to the respondent for settlement of the account. In that view of the matter, the writ petition is disposed of at the admission stage directing the respondent to consider the representation dated 1.08.2008 submitted by the petitioner and pass appropriate orders within within a period of six weeks from the date of receipt of a copy of this order. _________________________ (B. Seshasayana Reddy, J.) 29th August, 2008 Js. ASSISTANT REGISTRAR // TRUE COPY // SECTION OFFICER To 1 Eluru Corporation Rep.by its Commissioner Eluru W.G District 2 2 CD copies.