Patna High Court
M/S. Brijnandan Singh, Through ... vs The State Of Bihar, Through The ... on 12 January, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.11850 of 2021
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M/s. Brijnandan Singh, through its Partner Brijnandan Singh, aged about 61
years, Male, son of Late Mangru Singh, Resident of Village Lahthan, P.S.
Agiaon Bazar, District Bhojpur, Bihar.
... ... Petitioner/s
Versus
1. The State of Bihar, through the Chief Secretary, Government of Bihar, Patna.
2. The Principal Secretary, Department of Finance, Government of Bihar,
Patna.
3. The Commissioner of State Tax (GST), Bihar, Patna.
4. The Commissioner, GST, Commissionerate, Patna - I Division - Patna West
Range - Ara.
5. The ACCT, Patna West Circle - Sahabad, District Bhojpur, Bihar.
6. The Engineer in Chief (Head Quarters), Flood Control and Drainage, Water
Resources Department, Government of Bihar, Patna.
7. The Chief Engineer, Flood Control and Drainage, Water Resources
Department, Katihar, District Katihar, Bihar.
8. The Executive Engineer, Flood Control Division, Karha Gola, District
Katihar, Bihar.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Prabhat Ranjan, Advocate
For the Respondent/s : Mr. Vivek Prasad, GP-7
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE S. KUMAR
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
(The proceedings of the Court are being conducted by Hon'ble the Chief
Justice/Hon'ble Judges through Video Conferencing from their
residential offices/residences. Also the Advocates and the Staffs joined the
proceedings through Video Conferencing from their residences/offices.)
Patna High Court CWJC No.11850 of 2021 dt.12-01-2022
Date : 12-01-2022
Heard learned counsel for the parties.
Petitioner has prayed for the following relief(s):-
"(i) Commanding upon the Respondents to
refund/ release the amount of Rs. 4,90,92,000 (Rs.
Four Crores Ninety Lacs Ninety Two Thousand
only) along with the interest at the statutory rate
which has been deposited by the petitioner under the
heads of CGST at the rate of 6% and SGST at the
rate of 6%) on the gross Bill value in connection
with Agreement No. 01SBD/2017-18 executed for
Protection Work of Village-Patthar Tola to Kamla
Kani near u/s. Of Executive Engineer, Flood Control
Division, Karha Gola."
Mr. Prabhat Ranjan, learned counsel for the
petitioner prays that the instant petition be disposed of exactly in
the same terms as contained in judgment dated 05.07.2019
passed in CWJC No. 1452 of 2019, titled as M/s Jai Bhawani
Construction Vs. the Union of India & Ors. along with other
analogous cases.
No objection to such prayer being allowed.
As mutually agreed, the instant petition stands
disposed of in terms of judgment dated 05.07.2019 passed in
CWJC No. 1452 of 2019, titled as M/s Jai Bhawani
Construction Vs. the Union of India & Ors. along with other
Patna High Court CWJC No.11850 of 2021 dt.12-01-2022
analogous cases and the directions contained therein shall also
govern the instant case mutatis mutandi.
Interlocutory Application(s), if any, shall stand
disposed of.
Let a copy of the judgment be placed on record.
(Sanjay Karol, CJ)
( S. Kumar, J)
Sujit/Amrendra
AFR/NAFR
CAV DATE
Uploading Date 18.01.2022
Transmission Date
