M/S. Avinash Construction vs State of U.P. and 5 Others — Allahabad HC (2025) — LawSathi Research

M/S. Avinash Construction vs State of U.P. and 5 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Direction to respondents to release the balance undisputed sum of Rs.9,89,000/- to the petitioner within three weeks of communication of the order; petitioner thereafter to deposit that sum together with the earlier-received Rs. 2,44,000/- with the GST department; liberty retained to pursue lawful recourse on any disputed GST amount.

Issue for consideration

Whether the respondents should pay the petitioner the undisputed GST-related amount of Rs.12,33,257.58/- arising from the road-construction contract in District Deoria (balance of Rs.9,89,000/- outstanding, Rs. 2,44,000/- already released), and how the sums once received are to be deposited with the GST department.

Court's answer

Respondents were directed to pay the petitioner the balance undisputed amount of Rs.9,89,000/- within a period of three weeks from the date of communication of the order.

Ratio / Principle

Once the amount is received, the petitioner is directed to deposit Rs.9,89,000/- together with the earlier-received Rs. 2,44,000/- with the GST department.

Key takeaways

For any disputed GST amount payable by the petitioner, the petitioner is free to take appropriate recourse available under the law (point expressly left open by this court).obiter¶15

Detailed headnote1 paragraphs

Writ petition WRIT - C No. 36911 of 2025 of the High Court of Judicature at Allahabad (Court No. 35), decided December 10, 2025 by Hon'ble Atul Sreedharan and Hon'ble Anish Kumar Gupta, JJ. The petitioner, proprietor firm M/S. Avinash Construction (registered with the office of the Chief Engineer, Gorakhpur region), sought payment of an undisputed amount of Rs.12,33,257.58/- payable towards GST arising from road-construction work in District Deoria awarded pursuant to an NIT floated by respondent no. 4 on 10.11.2016; the work ran from 03.01.2017 to 31.03.2021. Of this, Rs. 2,44,000/- had already been released by the respondent State and received by the petitioner but not yet deposited with the GST department, leaving a balance undisputed amount of Rs.9,89,000/-. The court disposed of the petition with directions that the balance undisputed amount be paid to the petitioner within three weeks of communication of the order and that, on receipt, the petitioner deposit Rs.9,89,000/- together with the earlier-received Rs. 2,44,000/- with the GST department; for any disputed GST amount the petitioner was left free to take appropriate recourse available under law.

HIGH COURT OF JUDICATURE AT ALLAHABAD

WRIT - C No. - 36911 of 2025

M/S. Avinash Construction

.....Petitioner(s)

	Versus
State Of U.P. And 5 Others	.....Respondent(s)
Counsel for Petitioner(s)	: Anand Kumar Yadav, Nisheeth Yadav
Counsel for Respondent(s)	: C.S.C.

Court No. - 35

(SL No.)

HON'BLE ATUL SREEDHARAN, J. HON'BLE ANISH KUMAR GUPTA, J.

The petitioner is a proprietor firm which is registered with the office of the Chief Engineer, Gorakhpur region.

The respondent no. 4 herein floated an NIT on 10.11.2016 for construction of various roads in District- Deoria. The work was allotted to the petitioner which commenced on 03.01.2017 and concluded the work on 31.03.2021.

The petition has been filed by the petitioner for the payment of an undisputed amount to the petitioner by the respondents, which comes to Rs.12,33,257.58/-, which the State has to pay the petitioner by way of GST, which has to be paid by the petitioner to the GST department. An amount of Rs. 2,44,000/- has already been released by the respondent State and has been received by the petitioner and as of now has not been deposited with the GST department. The balance undisputed amount is of Rs.9,89,000/-, which has to be paid to the petitioner. Since, the same is a undisputed amount, the same be paid to the petitioner within a period of three weeks from the date of communication of this order and once the amount is received by the petitioner, the said amount of Rs.9,89,000/along with Rs.2,44,000/- received earlier, shall be deposited with the GST department.

WRIC No. 36911 of 2025

2

With the above directions, this petition stands disposed of .

In respect of any disputed GST amount, which is to be paid by the petitioner, the petitioner is free to take appropriate recourse available under the law.

(Anish Kumar Gupta,J.) (Atul Sreedharan,J.)

December 10, 2025

Shubham Arya

Digitally signed by :- SHUBHAM ARYA High Court of Judicature at Allahabad