Research › Search › Judgment

High Court of Rajasthan · body

2026 DAILYLAW 657 (RAJ)

BIHANI CONSTRUCTIONS PVT. LTD. v. STATE OF RAJASTHAN

CW/4802/2026 · 2026-03-16

Ganesh Ram Meena

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2026:RJ-JP:10939] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 4802/2026 Bihani Constructions Pvt. Ltd., Through Authorized Representative Shri Mahaveer Prasad Bihani S/o Mangilal Bihani Aged About 52 Years, R/o Villa No. 4, Plot No. 9A, Prem Pushp Villas And Apartment, Shipra Vihar, Near Riddhi Siddhi Circle, Jaipur, Rajasthan, 302018 Having Its Registered Office At 64/167, Hira Path, Mansarovar, Jaipur-302020. ----Petitioner Versus State Of Rajasthan, Through The Chief Engineer Special Projects, Public Health Engineering Department, Jaipur, Rajasthan. ----Respondent For Petitioner(s) : Mr. R.D. Rastogi, Senior Advocate assisted by Mr. Sarthak Rastogi, Mr. Chinmay Surolia For Respondent(s) : HON'BLE MR. JUSTICE GANESH RAM MEENA Order 16/03/2026 1. Registry has pointed out a defect that the writ petition filed against GST, seems not proper. 2. The learned Senior Advocate appearing for the petitioner submits that the present case is not in regard to imposing of the tax, but it is for refund of differential amount of GST, as per Clause 36E of the Public Works Financial and Accounts Rules. 3. In view of the prayer made by the learned Senior Advocate appearing for the petitioner, the aforesaid defect pointed out by the Registry is waived. [2026:RJ-JP:10939] (2 of 2) [CW-4802/2026] 4. Heard on admission. 5. The learned Senior Advocate, at the outset, makes a limited submission that the respondent may be directed to consider and decide his pending representation dated 24.02.2026, while keeping in mind the mandate of Clause 36E of the Public Works Financial and Accounts Rules appended with the tender document, by way of passing a well reasoned order within a particular time period. 6. In light of such limited submission, it is hereby directed that the petitioner shall submit his pending representation for ventilating his grievances within a period of ‘fifteen days’ from today, to the respondent. Pending representation of the petitioner may be sympathetically decided by the respondent by way of passing a well reasoned order strictly in accordance with law within a period of ‘one month’ from the date of receipt of certified copy of this order. 7. Accordingly, the instant writ petition is disposed of. The stay application and pending application(s), if any, also stand/s disposed of. (GANESH RAM MEENA),J ARTI SHARMA /263