Petitioner has prayed for following relief(s):-
“(i) An appropriate writ/order/direction declaring the order contained in Annexure-3 passed by Respondent No. 3 is illegal, void and without
jurisdiction?
(ii) An appropriate writ/order/direction commanding the respondent the Assistant Commissioner of State Tax, Bhabhua Circle, Bhabhua, Bihar has
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? â€
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.
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.
