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2025 DAILYLAW 21501 (CHH)

M/S VINOD KUMAR JAIN v. STATE OF CHHATTISGARH

WPC/2433/2025 · 2025-05-08

Shri Amitendra Kishore Prasad

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1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2433 of 2025 1 - M/s Vinod Kumar Jain Having Office At A-3, Jeevan Vihar, Telibandha, Raipur (C.G.) Through Its Authorized Representative Shri Vinod Kumar Jain S/o Hanuman Prasad Jain, Aged About 59 Years, R/o College Road, Jashpur Nagar, District - Jashpur, Chhattisgarh, India – 496331. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Public Works Department, Government Of Chhattisgarh, Mahanadi Bhawan, Mantralaya, Nava Raipur, Atal Nagar, Raipur, Chhattisgarh. 2 - Engineer-In-Chief Public Works Department, Government Of Chhattisgarh, Nirman Bhavan, Sector-19, Nava Raipur, Atal Nagar, Raipur, Chhattisgarh. 3 - Executive Engineer Vidhan Sabha Division, Raipur, Public Works Department, Government Of Chhattisgarh, Raipur, Chhattisgarh. 4 - Sub-Divisional Officer P.W.D. Division No.-2, Raipur, Public Works Department, Government Of Chhattisgarh, Raipur, Chhattisgarh. ... Respondent(s) Digitally signed by RAGHVENDRA JAT 2 For Petitioner(s) : Mr. Ayush Singh Solanki, Advocate. For Respondent(s)/ State : Mr. Praveen Das, Dy. A.G. Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 09/05/2025 1. By the present writ petition, the petitioner is seeking a direction towards the respondent authorities/Public Works Department for reimbursement of GST amount of Rs.27,78,561/- alongwith applicable interest. 2. By way of this petition, the petitioner has prayed for following reliefs:- “10.1 To kindly direct the Respondent Authorities specifically the Respondent No. 3 i.e. Executive Engineer, Vidhan Sabha Division, Raipur, Public Works Department, Government of Chhattisgarh to comply with the order no. F 21-5/2012/T/NIVIDA dated 10.10.2018 issued by the Public Works Department, Government of Chhattisgarh for reimbursement of GST and to reimburse the GST paid by the Petitioner along with applicable interest in an expeditious manner. OR IN THE ALTERNATIVE, 3 To kindly direct the Respondent No. 3 ie. Executive Engineer, Vidhansabha Division, Public Works Department, Government of Chhattisgarh to decide on the GST Reimbursement claim of the Petitioner in an expeditious manner preferably within a period of 60 days from deciding of the instant petition. 10.2 To kindly direct the Respondent No. 3 i.e. Executive Engineer, Vidhan Sabha Division, Raipur, Public Works Department, Government of Chhattisgarh decide on the GST Reimbursement claim of the Petitioner in an expeditious manner. 10.3 To pass any other order as the Hon'ble Court may deem fit in the interest of justice.” 3. Learned counsel appearing for the petitioner submits that the petitioner has submitted a representation dated 21.10.2024 (Annexure P/11) to the respondent No.3/Executive Engineer, PWD, Vidhansabha Division, Raipur alongwith the requisite documents and letter dated 14.08.2024 which have been endorsed by the Office of Executive Engineer. However, the document dated 30.09.2024 (Annexure P/9) issued by respondent No. 3 shows that respondent No. 3 directed the petitioner to submit claim before respondent No. 4. The petitioner vide letter dated 06.11.2024 filed claim before respondent No. 4 and then vide letter dated 21.10.2024 before respondent No. 4 3 which has not bee decided by respondent No. 3 till date. Further, the petitioner has requested that representation submitted before the respondent No. 3 may be directed to decide within the stipulated time. 4. Learned counsel appearing for the respondents/State has not opposed the submission made by the learned counsel for the petitioner. He submits that if the petitioner will file a fresh representation alongwith all the requisite information and documents, the same shall be decided within a period of 60 days from the date of filing of such representation. 5. I have heard learned counsel for the parties and perused the documents as well as the communication. 6. Looking to the submissions made by the parties, the petitioner is directed to submit a fresh representation alongwith all the requisite documents and information before the respondent No.3/Executive Engineer, PWD, Vidhanshabha Division, Raipur within a period of two weeks. In the event of filing of such representation, the Executive Engineer is directed to decide the same within a further period of 60 days from the date of filing of such representation, in accordance with law. 7. With the aforesaid direction, this writ petition is disposed of. SD/- (Amitendra Kishore Prasad) Judge Raghu Jat