M/S KALA CONSTRUCTION AND ANOTHER v. STATE OF U.P. AND 3 OTHERS
WRIC/31360/2025 · 2025-09-09
Amitabh Kumar Rai, Saral Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 93763 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 93763 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 31360 of 2025 Court No. - 40 HON'BLE SARAL SRIVASTAVA, J.
HON'BLE AMITABH KUMAR RAI, J.
1. Heard learned counsel for the petitioners, learned Standing Counsel for the State-respondents and Sri Om Prakash Singh, learned counsel for the respondent nos.3 and 4.
2. The grievance of the petitioners is that they have paid an excess amount towards GST, inasmuch as they were directed to pay GST at the rate of 12%, whereas they have actually paid GST at the rate of 18%. It is submitted that, in this regard, a letter dated 07.10.2024 has been issued by the Executive Officer, Nagar Panchayat Badagaon, District Jhansi, to the Principal Secretary, Urban Development Department, Government of U.P., Lucknow, requesting approval for refund of the excess GST amounting to Rs. 8,96,409/-. The petitioners further contended that respondent no. 1 is merely sitting over the matter and has not granted the requisite approval despite the aforesaid letter.
3. Learned Standing Counsel for the State respondents submits that no useful purpose would be served in keeping the writ petition pending and appropriate direction may be issued to the respondent no. 1 to consider the grievance of the petitioner.
4. Considering the facts and circumstances of the case and without adverting into the merits of the case, the writ petition is disposed off permitting the petitioners to file a fresh representation along with certified copy of this order raising all his grievances before the respondent no. 1 within a period of one month from today. In case, any such representation is filed by the Versus Counsel for Petitioner(s) : Amit Kumar Rajput, Mohd Haleem, Sandeep Kumar Jaiswal, Santosh Kumar Jaiswal Counsel for Respondent(s) : C.S.C., Om Prakash Singh M/S Kala Construction And Another .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s)
petitioners, the respondent no.1 shall consider and decide the same in accordance with law after giving due notice and opportunity of hearing to the petitioners within a period of two months thereafter from the date he receives the representation of the petitioners. September 10, 2025 Gaurav WRIC No. 31360 of 2025 2 (Amitabh Kumar Rai,J.) (Saral Srivastava,J.) Digitally signed by :- GAURAV PATEL High Court of Judicature at Allahabad