Patna High Court
Jai Prakash Singh vs The State Of Bihar on 29 November, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.19520 of 2021
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Jai Prakash Singh, S/o Lalan Singh, Resident of Village- Bhairavpur, P.S.-
Bhairavpur, 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.
4. The Branch Manager, State Bank of India ADB Branch, Bhabhua, Bihar.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Santosh Kumar Pandey, Advocate
Mr. Uma Kant Tiwari, Advocate
For the Respondent/s : Mr.Vikash Kumar, SC 11
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE S. KUMAR
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
Date : 29-11-2021
Petitioner has prayed for following relief(s):-
"(i) An appropriate writ/order/direction declaring the
order contained in Annexure-3, 9 series, passed 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 has pressurize for
payment of GST State Bank of India, ADB Branch
Bhabhua, has issue DRC-13 as per Annexure-9?
(iii) An appropriate writ/order/direction commanding
the respondents The Executive Engineer, Kamand
Patna High Court CWJC No.19520 of 2021 dt.29-11-2021
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
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.
Patna High Court CWJC No.19520 of 2021 dt.29-11-2021
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)
Sujit/Rajiv
AFR/NAFR
CAV DATE
Uploading Date 01.12.2021
Transmission Date
