B S C C And C J V v. The State Of Bihar And ORS

Patna High Court CWJC No.4053 of 2016 (4) dt.31-03-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4053 of 2016 ======================================================

1. BSC-C&C JV, a joint venture between BSCPL Infrastruvture Limited & C & C Construction Ltd. having its office at E- 403, Twin Tower East, South Gandhi Maidan, P.O. GPO Patna, P.S. Gandhi Maidan District- Patna through its Sr. Manager (Taxation) Kush Singh, son of Late Bachneshwar Prasad Singh, resident of 2/33, Sarada Nagar, P.O. Amrai, P.S. Durgapur, Distt- Burdwan (WB) .... .... Petitioner/s

Versus

1. The State of Bihar through the Commissioner of Commercial Taxes, Bihar Patna having its office at Vikas Bhawan Patna.

2. Bihar State Road Development Corporation Ltd. through its Managing Director having its office at RCD Mechanical Work Shop Campus, Sheikhpura, Sahid Pir Ali Khan Marg, Near Airport Patna 800014.

3. Dy. General Manager, (Technical), BSRDCL, Road Construction Division-1, Campus Maripur, Muzaffarpur- 842001.

4. Dy. General Manager, (Technical), BSRDCL, Road Construction Division, Campus Opposite Collectoriate, Samastipur.

5. Dy. General Manager, (Technical), PIU 3, BSRDCL, A-1, Ganga Bridge Colony, Hajipur.

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

For the Petitioner/s : Mr. D.V.Pathy Mrs. Manju Jha For the State : Mr. Vikash Kumar For Road Development Corpn.: Mr.Vikas Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH KUMAR DATTA and HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER (Per: HONOURABLE MR. JUSTICE RAMESH KUMAR DATTA) 31-03-2016 Heard learned counsel for the petitioner and learned counsels for the State and for the Bihar State Road Development Corporation Ltd.

The counter affidavit is filed today on behalf of the Bihar State Road Development Corporation Ltd., in which it is admitted that they are required to comply with the provisions of

Patna High Court CWJC No.4053 of 2016 (4) dt.31-03-2016 Section 41 of the Bihar Value Added Tax Act, 2005 read with Rule 29 of the Bihar Value Added Tax Rules, 2005. In the aforesaid view of the matter, the present writ application is disposed of in terms of the orders and directions dated 07.07.2005 passed by this Court in C.W.J.C. No.9870 of 2012: M/s. Debashree Construction (India) Pvt. Ltd. vs. The IRCON International Ltd. and its analogous cases. (Ramesh Kumar Datta, J) (Sudhir Singh, J) V.P.Sinha/- U