M/S Kundan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13378 of 2024 ====================================================== M/s Kundan Kumar having its office at Ramdayalu Nagar, P.O.-Ramna, District-Muzaffarpur through its authorized signatory Kundan Kumar Mishra@Kundan Kumar.

... ... Petitioner/s

Versus

1.

The State of Bihar through Additional Chief Secretary, Industrial Department, 2nd Floor, Vikash Bhawan, Bailey Road, Patna. 2.

Chief Secretary cum Chairman, Infrastructure Development Authority, 1st Floor, Udyog Bhawan, East Gandhi Maidan, Patna-4. 3.

Director (Project Implementation0, Infrastructure Development Authority, 1st Floor, Udyog Bhawan, East Gandhi Maidan, Patna-4. 4.

Executive Engineer (PDA), Infrastructure Development Authority, 1st Floor, Udyog Bhawan, East Gandhi Maidan, Patna-4.

5.

Executive Engineer (Technical) Infrastructure Development Authority, 1st Floor, Udyog Bhawan, East Gandhi Maidan, Patna-4. 6.

Secretary, Bihar Finance Department, New Secretariat, Government of Bihar, Patna.

7.

Commissioner, Bihar Goods and Service Tax, Kar Bhawan, Beer Chand Patel Marg, Govt. of Bihar, Patna.

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

For the Petitioner/s :

Mr. Anurag Saurav, Adv.

For the Respondent/s :

Mr. Government Advocate 5 ====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 17-03-2025 Without going into the merits or demerits of the case the present writ petition is disposed of granting liberty to the petitioner to give a suitable representation to the Respondent No. 5 ventilating his grievance within a period of two weeks from today. On such representation being given, the authority shall consider the same duly taking into consideration the terms and conditions of the NIT as well as the notification issued by

Patna High Court CWJC No.13378 of 2024(4) dt.17-03-2025 2/2 the State of Bihar (Annexure- P/6) and pass necessary orders for reimbursing the enhanced GST paid by the petitioner within a period of three weeks thereof. In case the authority comes to a conclusion that the claim of the petitioner is genuine, they shall make necessary arrangements for paying the balance GST amount as expeditiously as possible preferably within a period of four weeks thereof. However, in case the authority comes to a conclusion that the claim of the petitioner is not tenable, they shall pass a reasoned order giving the reasons for such rejection. In case any adverse orders are passed against the petitioner, the petitioner is entitled to approach this Court for redressal of his grievance against such order.

2. With the above directions, the present writ petition stands disposed of.

(A. Abhishek Reddy , J) Gauravkr/- U