Disposed¶27

M/S Banka Constructions v. State of Chhattisgarh

Chhattisgarh HC2 Feb 2025WPC/677/2025

Case brief

AI extract

What is this about?

GST reimbursement to PWD contractor; Rail Over Bridge across Bilaspur-Katni Railway line, Level Crossing BK-37 near Gourella; M/s Banka Constructions v. State of Chhattisgarh; completion certificate Annexure P/4 dated 18/03/2019; Executive Engineer recommendation Annexure P/10; direction to reexamine claim and disburse within 8 weeks; writ petition disposed; Chhattisgarh High Court Bilaspur; WPC No. 677 of 2025; Bibhu Datta Guru, J.; 03/02/2025.

What did the court decide?

Direction to respondent No.2/Executive Engineer (PWD), Bridge Construction Division, Bilaspur to reexamine the petitioner's GST reimbursement claim and, if the petitioner is found entitled, disburse the amount within 8 weeks from receipt of a copy of the order, in accordance with law. ¶27

M/S Banka Constructions Vs State of Chhattisgarh — Chhattisgarh HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

¶27

Issue for consideration

Whether the petitioner is entitled to release of the pending amount of Rs. 75,16,528/- towards reimbursement of GST for the Rail Over Bridge works, and whether a direction should issue to the Executive Engineer to verify and disburse the same.

¶20

Court's answer

On perusal of Annexure P/10, the Executive Engineer had already proposed for reimbursement of GST to the petitioner; hence the petitioner is entitled to the same.

¶25

Ratio / Principle

Respondent No.2/Executive Engineer (PWD), Bridge Construction Division, Bilaspur is directed to reexamine the claim raised by the petitioner and, if the petitioner is found entitled to reimbursement of GST, to disburse the same within 8 weeks from the date of receipt of a copy of the order, in accordance with law.

¶26

Detailed headnote1 paragraphs

Writ petition (WPC No. 677 of 2025, High Court of Chhattisgarh at Bilaspur, Bibhu Datta Guru, J., decided 03/02/2025): M/s Banka Constructions sought a direction to the PWD authorities to release Rs. 75,16,528/- towards reimbursement of GST for the work of construction of additional work of Rail Over Bridge across the Bilaspur-Katni Railway line at Km. 817/10-11, Level Crossing BK-37 near Gourella. The work was completed and handed over on 25/02/2019 and the completion certificate (Annexure P/4) was issued on 18/03/2019; the Executive Engineer (PWD), Bridge Construction Division, Bilaspur had verified and recommended GST reimbursement vide Annexure P/10. On perusal of Annexure P/10 the Court held the petitioner entitled to the reimbursement and directed respondent No.2/Executive Engineer to reexamine the claim and, if the petitioner is found entitled, disburse the GST reimbursement within 8 weeks from receipt of a copy of the order, in accordance with law. Writ petition disposed of accordingly.

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2025:CGHC:5967

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

¶5

WPC No. 677 of 2025

¶6

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

¶7

... Petitioner

¶8

versus

¶9

1 - State Of Chhattisgarh Through Public Works Department (PWD) Bridge Construction Division, Composite Building Parisar, Behind Nagar Nigam Town Hall, Bilaspur- 495001 (C.G)

¶10

2 - The Executive Engineer, PWD, Bridge Construction Division, Composite Building Parisar, Behind Nagar Nigam Town Hall, Bilaspur495001 (C.G.)

¶11

3 - The Sub-Divisional Officer, PWD, Bridge Construction Division, Composite Building Parisar, Behind Nagar Nigam Town Hall, Bilaspur495001 (C.G.)

¶12

4 - The Sub-Engineer PWD, Bridge Construction Division, Composite Building Parisar, Behind Nagar Nigam Town Hall, Bilaspur- 495001 (C.G.)

¶13

2 / 3

¶14

5 - The Divisional Accounts Office PWD, Bridge Construction Division, Composite Building Parisar, Behind Nagar Nigam Town Hall, Bilaspur495001 (C.G)

¶15

... Respondents

¶16

(Cause title is taken from Case Information System)

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For Petitioner : Mr. Kshitij Sharma, Advocate For Respondent/ State : Mr. Praveen Das, Dy. Govt. Advocate

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(HON’BLE SHRI JUSTICE BIBHU DATTA GURU) Order on Board

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03/02/2025

¶20

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”.

¶21

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.

¶22

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

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¶24

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.

¶25

I have heard learned counsel for the parties and perused the pleadings made by the petitioner as well as the document Annexure P/10.

¶26

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.

¶27

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.

¶28

With the aforesaid direction, this writ petition is disposed of.

¶29

Sd/- (BIBHU DATTA GURU) JUDGE

¶30

$. Bhilwar

M/S Banka Constructions v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

M/S Banka Constructions v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

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