M/S Swastik Traders Lko. Thru. Sole Propritor Sri Navratan Tiwari v. State of U.P. Thru. Addl. Chief Secy. Medical and Health Civil Sectt. Lko. and 3 Others

Court No. - 3 Case :- WRIT - C No. - 11491 of 2023 Petitioner :- M/S Swastik Traders Lko. Thru. Sole Propritor Sri Navratan Tiwari Respondent :- State Of U.P. Thru. Addl. Chief Secy. Medical And Health Civil Sectt. Lko. And 3 Others Counsel for Petitioner :- Ankit Pande Counsel for Respondent :- C.S.C.,Puneet Chandra Hon'ble Vivek Chaudhary,J. Hon'ble Manish Kumar,J. Heard learned counsel for petitioner, Shri Puneet Chandra, learned counsel for the respondent and learned standing counsel for State. Present writ petition is filed by the petitioner with the following relief: "(i) to issue writ order or direction in the nature of mandamus commanding the opposite parties to pay the admitted amount which is due from the opposite parties within such time as this Hon'ble Court deems fit and proper in the interest of justice.

(ii) to issue a writ, order or direction in the nature of Mandamus commanding the opposite party no.2 and 3 to consider and take decision in pursuance to representation dated 10.10.2023 as contained in Annexure no.9 within such time as this Hon'ble Court deems fit and proper in the interest of Justice." Learned counsel for petitioner submits that grievance of petitioner would sufficiently be met in case representation of petitioner for the said purposes is considered and decided in a time bound manner. Learned counsel for the respondents have no objection to the same. In view thereof, respondent no. 3-Mission Director, National Health Mission, U.P., Lucknow, is directed to consider and decide the representation of the petitioner in accordance with law by a reasoned and speaking order within a period of two months from the date a certified copy of this order is placed before him as the amount was not paid due to non-availability of budget and in case the amount is found not paid, pay the same expeditiously without any delay. It is made clear that this court has not applied itself on the merits of the case and all questions are left open to be considered and decided by the competent authority in accordance with law. With the aforesaid directions, the writ petition is disposed of. . [Manish Kumar,J.] [Vivek Chaudhary,J.] Order Date :- 22.12.2023 S. Kumar High Court of Judicature at Allahabad, Lucknow Bench