Jitendra Singh vs The State Of Bihar
2021 Latest Caselaw 5582 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.19697 of 2021
     ======================================================

Jitendra Singh, S/o Dip Narayan Singh, Resident of Village - Parsurampur, P.S.- Mohania, District- Kaimur at Bhabhua.

... ... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Bihar Water Resources Department, Bihar, Patna.

2. The Executive Engineer, Kamand Kshetra Vikash Pramandal, Bhabhua Kaimur, Bihar.

3. The Assistant Commissioner of State Tax, Bhabhua Circle, Bhabhua, Bihar.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr.Santosh Kumar Pandey, Advocate For the Respondent/s : Mr.Vikash Kumar (S.C. 11) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE)

Date : 29-11-2021

Heard learned counsel for the parties.

Petitioner has prayed for the following relief(s):-

(i) An appropriate writ/order/direction declaring the order contained in Annexure- 3, pass by Respondent no.

                                      3    is   illegal,   void   and     without
                                      jurisdiction be issued?
                                (ii) An     appropriate     writ/order/direction

commanding the respondents. The Assistant Commissioner of State Tax, Bhabhua Circle, Bhabhua, Bihar not Patna High Court CWJC No.19697 of 2021 dt.29-11-2021

to pressurize for payment for the petitioner?

(iii) An appropriate writ/order/ direction commanding the respondents the Executive Engineer, Kamand, Kshetra Vikash Pramandal, Bhabhua Kaimur has not paid full rate of GST only deduct 2% TDS of GST in works value as per agreement of Works Contract?

(iv) Any other relief or reliefs to which the petitioners are entitled to be granted?

Learned counsel for the State submits that this case is

squarely covered vide judgment and order dated 05.07.2019

passed in C.W.J.C. No. 1452 of 2019 titled as (M/s Jai Bhawani

Construction Vs. The Union of India and Ors.) and analogous

cases (Annexure-4 in CWJC No. 5949 of 2021) as well as letter

No. 5405 dated 30.07.2019 (Annexure-5 in CWJC No. 5949 of

2021) issued by Engineer-in-Chief, pursuant to judgment and

order as referred above.

Counsel for the State also submits that he has no

objection with the matter being remanded to the appropriate

authority for consideration of petitioner's case on its own merit

in accordance with law.

Accordingly, we dispose of the present petition Patna High Court CWJC No.19697 of 2021 dt.29-11-2021

directing the Respondent no. 2 namely The Executive Engineer,

Kamand Kshetra Vikash Pramandal, Bhabhua Kaimur, Bihar to

consider and decide the petitioner's case in terms of judgment

and order dated 05.07.2019 as referred to above as well as letter

No. 5405 dated 30.07.2019.

We clarify that all issues of facts and law are left

open.

We hope and expect that the Respondent no. 2 namely

The Executive Engineer, Kamand Kshetra Vikash Pramandal,

Bhabhua Kaimur, Bihar shall consider and decide the

petitioner's case expeditiously and preferably within a period of

four months from the date of receipt/production of a copy of the

order passed by this Court.

The writ petition stands disposed of in the aforesaid

terms.

Interlocutory application(s), if any, stands disposed of.

(Sanjay Karol, CJ)

( S. Kumar, J)

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