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2025 DAILYLAW 29779 (JHR)

M/S K K BUILDER PVT LTD REPRESENTED BY ITS DIRECTOR MR KUMUD RANJAN PATHAK v. THE STATE OF JHARKHAND THROUGH THE SECRETARY ROAD CONSTRUCTION DEPTT

WPC/6679/2023 · 2025-08-05

Rajesh Kumar

body2025

Judgment text

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2025:JHHC:21924 IN THE HIGH COURT OF JHARKHAND AT RANCHI (Civil Writ Jurisdiction) W.P. (C) No.6679 of 2023 ---- M/s K. K. Builder Pvt. Ltd. H.N-27, New Kalimati Road, P.o+P.s-Sakchi, Jamshedpur, Dist-West Singhbhum GSTIN-20AACCK2667G1ZV represented by its director Mr. Kumud Ranjan Pathak, (Male)aged about 48 years, S/o- Dharni Bhat Pathak, P.o-Baridih, P.s- Sidhgora, Dist. East Singhbhum, Jharkhand-831001. …. …. Petitioner(s) Versus 1. The state of Jharkhand through the Secretary, Road Construction Department, Project Building, P.O+P.S-Dhurwa, Ranchi, Jharkhand. 2. The Engineer - In - Chief, Road Construction Department, Project Building, P.o +P.S-Dhurwa, Ranchi, Jharkhand. 3. The Chief Engineer, (Communication), RCD, Engineering Hostal, P.O+P.S-Dhurwa Golchakra, Ranchi, Jharkhand. 4. The Superintendent Engineer, RCD, Road Circle, Dumka 5. The Executive Engineer, R.C.D, Road Division-Jamtara. 6. The Joint Commissioner of State Tax, Jamshedpur Circle. 7. The Commissioner of State Tax, Jharkhand at Ranchi. 8. The Secretary, State tax, Jharkhand at Ranchi. …. …. Respondent(s) ---- CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR ---- For the Petitioner(s) : None For the Respondent(s) : Mr. Anish Kr. Mishra, A.C. to Sr. S.C.-I ---- 06/Dated: 05th August, 2025 1. The present writ petition has been filed for following reliefs:- “a. For issuance of appropriate writ, rule or direction upon the respondents for; b. For direction to reimburse/pay Rs. 1,15,17,857.00 the deference amount of increased tax (GST) @ 8% as per SBD clause 13.5 of levy/taxes if levied after receipt of tenders from the bidders and also from the clauses of contract in section 13.5 of the standard bidding document in the various works departments of the government of Jharkhand. c. For commanding the respondent Joint Commissioner of state tax, Jamshedpur Circle & Ors. for recovery of increased tax from the petitioner till the disposal of this writ petition. 2025:JHHC:21924 Page | 2 W.P. (C) No.6679 of 2023 d. For commanding the respondent Joint Commissioner of state tax, Jamshedpur Circle & Ors. for recovery of increased tax from the petitioner till the disposal of this writ petition. e. For Consequential direction to pay the interest upon the respondents to incorporate the provisions to the concerned Ex. Engineer to reimburse the deference of Tax(GST) @ 6% along with interest to the petitioner.” 2. Nobody appears on behalf of the petitioner. 3. Learned counsel for the respondents is present. 4. The defects as pointed out by the office is as follows:- “1. Pages of the Annexures may be certified to be true. 2. Addressed portion may be corrected. 3. Numbering of pages may be corrected after page 9 and pagination certificate may be re-obtained from learned Oath Commissioner. 4. Typed copy of Page No.49 may be filed. 5. Fresh or Typed Copy of page nos.11, 16, 17, 29, 35 to 37, 50 may be filed. 6. Advocate clerk Association welfare stamp worth Rs.5/- is payable for the vakalatnama. 7. In Para-3 of the affidavit “true” word may be added. 8. Statement of verification signing sworn may be added by S/A in the affidavit. 9. Full postal address of respondent No.4 to 8 with name of P.O. and P.S. may be mentioned in the cause title. 10. Format may be corrected in index-synopsis and cause title page. 11. Prayer in Para-1 and prayer portion varies. It may be verified and prayer in para-1 may be incorporated in prayer portion by S/A. 12. Particulars of Annexure-4 may be corrected in Sub-Para-6 and legal notice dated 15.07.2023 may be filed by S/A. 13. Statement in subpara seven may be written specifically as per the document. 14. Date 26/5/2020 maybe corrected in subpara seven, index and synopsis and elsewhere if any 15. Complete copy of document in annexure two maybe filed by supplementary affidavit. 16. Document as annexure three appears to be only relevant portions, it may be stated in subpara five and index or complete document may be filed by supplementary affidavit. 17. CFS Rs.30/- and Rs.50/- is payable respectively for affidavit and vakalatnama. 18. Name of village maybe mentioned in cause title, affidavit and vakalatnama in the details of the director, 19. Statement regarding cause of action is missing.” 2025:JHHC:21924 Page | 3 W.P. (C) No.6679 of 2023 5. It appears from the office note that, till date, the above defects have not been removed. Thus, it is evident that the petitioner is not interested in pursuing the present writ petition. 6. In view of the above, present writ petition is hereby dismissed for want of prosecution. (Rajesh Kumar, J.) Amar/- Uploaded