M/S Avinash Construction v. State of U.P. and 4 Others

Allahabad HC10 Dec 2025WRIC/36916/2025

Case brief

AI extract

What is this about?

GST dues of contractor; payment of undisputed amount Rs. 9,11,000 within three weeks; total GST claim Rs. 16,06,132; road construction contract, District-Deoria; NIT dated 03.12.2016; proprietor firm registered with Chief Engineer, Gorakhpur region; writ disposed of with directions and liberty to seek remedies for disputed GST; Allahabad High Court; WRIT - C No. - 36916 of 2025; decided December 10, 2025; Atul Sreedharan, J. and Anish Kumar Gupta, J.

What did the court decide?

Directions to pay the undisputed amount of Rs. 9,11,000/- to the petitioner within three weeks of communication of the order, to be deposited with the GST department upon receipt; liberty to the petitioner to pursue appropriate legal recourse for any disputed GST amount; petition disposed of. ¶¶10

M/S Avinash Construction vs State of U.P. and 4 Others — Allahabad HC (2025) — LawSathi Research

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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WRIT - C No. - 36916 of 2025

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M/S Avinash Construction

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	Versus	.....Pet	itioner(s)
State Of U.P. And 4 Others		.....Res	pondent(s)
Counsel for Petitioner(s)	: Anand Nisheeth	Kumar Yadav	Yadav,
Counsel for Respondent(s)	: C.S.C.

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Court No. - 35

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

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

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The respondent no. 4 herein floated an NIT on 03.12.2016 for construction of three roads in District- Deoria. The work was allotted to the petitioner which commenced on 03.01.2017 and concluded the work on 12.05.2019.

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The petition has been filed by the petitioner for the payment of an amount to the petitioner by the respondents, which comes to Rs.16,06,132/-, which the State has to pay the petitioner by way of GST, which has to be paid by the petitioner to the GST department. The undisputed amount is of Rs.9,11,000/-, 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.9,11,000/- shall be deposited with the GST department.

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