Disposed¶28

M/S Banka Constructions v. State of Chhattisgarh

Chhattisgarh HC2 Feb 2025WPC/687/2025

Case brief

AI extract

What is this about?

Chhattisgarh High Court, Bilaspur; WPC No. 687 of 2025; decided 03/02/2025; Bibhu Datta Guru, J.; Banka Constructions v. State of Chhattisgarh (PWD); GST reimbursement to contractor; Rail Over Bridge across Bilaspur Katni Railway line Km. 817/10-11 at Gaurella Rail Level Crossing BK-37; completion certificate Annexure P/4; Executive Engineer's recommendation Annexure P/8; claim of Rs.62,75,757/-; direction to reexamine and disburse within 8 weeks; writ petition disposed.

What did the court decide?

Direction to respondent No.2/Executive Engineer (PWD), Bridge Constitution Division, Bilaspur to reexamine the petitioner's GST reimbursement claim and, if found entitled, disburse the amount within 8 weeks from receipt of a copy of the order, in accordance with law. ¶28

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

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2025:CGHC:5968

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

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WPC No. 687 of 2025

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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.

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... Petitioner

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versus

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

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

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3 - The Sub - Divisional Officer, PWD Bridge Construction Division, Division No. 2 Composite Building Parisar, Behind Nagar Nigam Town Hall, Bilaspur - 495001 (C.G.).

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

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2 / 3

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5 - The Divisional Accounts Office, PWD Bridge Construction Division, Composite Building Parisar, Behind Nagar Nigam Town Hall, Bilaspur - 495001 (C.G.).

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... Respondents

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(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

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By the present writ petition, the petitioner is seeking a direction towards the respondent authorities to release the pending amount of Rs.62,75,757/- in lieu of the reimbursement of GST for the works “construction of work of Rail Over Bridge across on Bilaspur Katni Railway line in Km. 817/10-11 at Gaurella Rail Level Crossing BK-37 excluding railway portion”.

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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/8.

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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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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.

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I have heard learned counsel for the parties and perused the pleadings made by the petitioner as well as the document Annexure P/8.

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From perusal of the said document Annexure P/8, it appears that the Executive Engineer has already proposed for reimbursement of GST to the petitioner, hence the petitioner is entitled to the same.

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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.

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

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Sd/- (BIBHU DATTA GURU) JUDGE

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$. 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?

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