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2025 DAILYLAW 5324 (CHH)

M/S BANKA CONSTRUCTIONS v. STATE OF CHHATTISGARH

WPC/677/2025 · 2025-02-03

Shri Bibhu Datta Guru

body2025

Judgment text

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1 / 3 2025:CGHC:5967 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 677 of 2025 1 - M/s Banka Constructions, A Partnership Firm Registered Under The Partnership Act Having Its Registered Office At 205-B, Trade Corner, Sakinaka Junction, Andheri East, Mumbai- 400072 Through Its Authorized Signatory, Rajendra Choure S/o Shri Dharmendra Choure, Aged About 38 Years ... Petitioner versus 1 - State Of Chhattisgarh Through Public Works Department (PWD) Bridge Construction Division, Composite Building Parisar, Behind Nagar Nigam Town Hall, Bilaspur- 495001 (C.G) 2 - The Executive Engineer, PWD, Bridge Construction Division, Composite Building Parisar, Behind Nagar Nigam Town Hall, Bilaspur- 495001 (C.G.) 3 - The Sub-Divisional Officer, PWD, Bridge Construction Division, Composite Building Parisar, Behind Nagar Nigam Town Hall, Bilaspur- 495001 (C.G.) 4 - The Sub-Engineer PWD, Bridge Construction Division, Composite Building Parisar, Behind Nagar Nigam Town Hall, Bilaspur- 495001 (C.G.) 2 / 3 5 - The Divisional Accounts Office PWD, Bridge Construction Division, Composite Building Parisar, Behind Nagar Nigam Town Hall, Bilaspur- 495001 (C.G) ... Respondents (Cause title is taken from Case Information System) For Petitioner : Mr. Kshitij Sharma, Advocate For Respondent/ State : Mr. Praveen Das, Dy. Govt. Advocate (HON’BLE SHRI JUSTICE BIBHU DATTA GURU) Order on Board 03/02/2025 1. By the present writ petition, the petitioner is seeking a direction towards the respondent authorities to release the pending amount of Rs.75,16,528/- in lieu of the reimbursement of GST for the works “construction of additional work of Rail Over Bridge across on Bilaspur Katni Railway line in Km. 817/10-11 at Level Crossing BK-37 near Gourella”. 2. Learned counsel appearing for the petitioner submits that the work has been completed and handed over the said on 25/02/2019 and the completion certificate (Annexure P/4) has been issued on 18/03/2019, even the respondent No.2/ Executive Engineer (PWD), Bridge Constitution Division, Bilaspur has verified and recommended for reimbursement of GST vide Annexure P/10. 3. Learned counsel appearing for the State submits that the as the Executive Engineer has already submitted a proposal of verification for reimbursement of GST to the petitioner, the 3 / 3 Executive Engineer shall verify and reexamine about the claim of the petitioner and after such verification, if the petitioner is found to be entitled for the reimbursement of GST, the same shall be disbursed to the petitioner within a period of 8 weeks in accordance with law. 4. I have heard learned counsel for the parties and perused the pleadings made by the petitioner as well as the document Annexure P/10. 5. From perusal of the said document Annexure P/10, it appears that the Executive Engineer has already proposed for reimbursement of GST to the petitioner, hence the petitioner is entitled to the same. 6. In view of the above, the respondent No.2/ Executive Engineer (PWD), Bridge Constitution Division, Bilaspur is directed to reexamine the claim raised by the petitioner and if the petitioner is found to be entitled for the reimbursement of GST, the same shall be disbursed to the petitioner within a period of 8 weeks from the date of receipt of a copy of this order, in accordance with law. 7. With the aforesaid direction, this writ petition is disposed of. Sd/- (BIBHU DATTA GURU) JUDGE $. Bhilwar