Vinay Pasi, v. The State Of Bihar,

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19572 of 2021 ====================================================== Vinay Pasi, S/o Kashi Pasi, Resident of Village - Badka Sagar, P.S. - Mohnia, 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, Bank of India, G.T. Road, Mohania, Kaimur, 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 Petitioner has prayed for the following relief(s): "(i) An appropriate writ/order/direction declaring the order contained in Annexure- 7 and 8, pass by Responded no 3 is illegal, void and without jurisdiction be issued?

(ii) An appropriate writ/order/direction commanding the respondents The AssistantCommissioner of State Tax, Bhabhua Circle, Bhabhua, Bihar has pressurize for payment of GST Bank of India, G T Road, Mohania, Kaimur, Bhabhuia, has issue DRC- 13 as per

Patna High Court CWJC No.19572 of 2021 dt.29-11-2021 2/3 Annexure 7 ?

(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 directing the Respondent no. 2 namely The Executive Engineer, Kamand Kshetra Vikash Pramandal, Bhabhua Kaimur, Bihar to

Patna High Court CWJC No.19572 of 2021 dt.29-11-2021 3/3 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) K.C.Jha/-Veena AFR/NAFR CAV DATE Uploading Date Transmission Date