AMBICA ENTERPRISES Vs. STATE OF M P

JUDGEMENT

(1.) Looking to the very short controversy inovlved in the matter and keeping in view a detailed order passed by the M.P. Micro and Small Enterprises Facilitation Council, this petition is being disposed of on the basis of the affidavits and documents filed by the petitioner.

(2.) Petitioner was granted a work order for carrying out certain work. Petitioner completed the work and after completion submitted his final bill dated 21.10.2009 claiming a sum of Rs.9,56,920/ - from respondent No.4. Respondent No.4 did not settle the claim of the petitioner and therefore, the matter travelled to the M.P. Micro and Small Enterprises Facilitation Council for resolution of the dispute. The Council conducted its deliberation and before the council the petitioner appeared, the respondents also appeared through the Collector and Chief Municipal Officer respondent No.4 and the order Annexure P/1 dated 19.6.2012 passed by the said Council goes to show that after conducting a detailed enquiry into the matter, the Council held that the petitioner is entitled to a sum of Rs.9,56,920/ - along with interest from 15.1.2010 to 14.2.2012 which was calculated at Rs.4,31,518/ -. After this order Annexure P/1 was passed on 19.6.2012, the Council vide Annexure P/2 on 21.9.2012 wrote to the Collector, Raisen, forwarded all the papers along with the directions issued and requested the Collector to settle the payments be mae to the petitioner. Thereafter, repeated correspondence were made and finally it is seen that the office of Chief Municipal Officer, Nagar Panchayat, Sanchi by its communication Annexure P/4 dated 23.11.2012 and the resolution dated 19.11.2012 found that budget and finance for payment is not available with the Parishad and therefore, a request was made before the Commissioner, respondent No.2. for release of funds for making payment to the petitioner. The papers were forwarded to respondent No.2 and even though resolution was passed on 19.11.2012 and the papers were forwarded, no action was taken and after submitting a reminder when no fruitful result came out, petitioner has approached this Court.

(3.) Keeping in view the aforesaid, following directions are issued :