M/S.Rr Infraa Construction vs. The Divisional Engineer

WP(MD)/21149/2018HC MadrasGSTCNR HCMD01071538201824 October 2018Bench: HONOURABLE MRS JUSTICE J. NISHA BANU2 pages
AI SummaryWithdrawn

Held

The Court granted permission to the petitioner's counsel to withdraw the writ petitions. Recording the letter and endorsement seeking withdrawal, the Court dismissed both writ petitions as withdrawn. Consequently, the connected miscellaneous petitions were also closed. No costs were awarded. The Court did not decide on the merits of the GST disbursement or the validity of the impugned orders.

Facts

The petitioner, M/s. RR Infraa Construction, filed two writ petitions before the Madurai Bench of the Madras High Court. In WP(MD)No.21149/2018, the petitioner challenged an order dated 24.04.2018 by the Divisional Engineer, Highways, Salem, and sought disbursement of bill amounts along with 12% GST for contract work under Agreement No.148/2015-16. In WP(MD)No.21150/2018, the petitioner challenged a memo dated 24.07.2018 by the Divisional Engineer (Highways), Krishnagiri, and sought disbursement of bill amounts along with 12% GST for contract work under Agreement No.55/2015-16, citing the practice of Southern Railways. The respondent in both cases was the Divisional Engineer of the Highways Department.

Key Issues

1. Whether the Court should quash the impugned orders of the respondents and direct the disbursement of bill amounts along with 12% GST for contract works undertaken by the petitioner. Petitioner's Contention: The petitioner sought to quash the impugned orders and compel the respondents to release the bill amounts, including 12% GST, for the contract works. The petitioner also sought to establish a precedent by referencing the practice of Southern Railways in disbursing GST amounts. Respondent's Contention: The judgment does not record any specific arguments or contentions made by the respondent.

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Heard together (2 matters)

WP(MD)No.21149/18
WP(MD)No.21150/18

Read from the judgment's own cause title. This page is filed under one of them.

1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.10.2018 CORAM THE HONOURABLE MRS.JUSTICE J.NISHA BANU W.P.(MD)Nos.21149 & 21150 of 2018 and W.M.P.(MD)Nos.18966 & 18967 of 2018 M/s.RR Infraa Construction, Old No.4-C, New No.9, Salem – 4. ... Respondent in WP(MD)No.21149/18 The Divisional Engineer (Highways), Office of the Divisional Engineer (H), C&M, Krishnagiri. ... Respondent in WP(MD)No.21150/18 PRAYER in WP(MD)No.21149/18:- Writ Petition filed under Article 226 of the Constitution of India seeking a Writ of Certiorarified Mandamus calling for the records relating to the impugned order of the respondent in Lr.No.23/2018/A1 dated 24.04.2018, quash the same and consequently direct the respondent to disburse the bill amount together with 12% GST payable by the petitioner in respect of contract work under Agreement No.148/2015-16 dated 26.02.2016 with the respondent. PRAYER in WP(MD)No.21150/18:- Writ Petition filed under Article 226 of the Constitutio

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