M/S. Sri Sai Construction, Bolangir vs. State Of Odisha

This matter is taken up through hybrid mode.

Heard.

The present Writ Petition has been filed with the following prayer:- “It is therefore prayed that, this Hon’ble Court may be graciously pleased to issue Rule Nisi, in the nature of any appropriate writ/writs and/or any other writ/writs and/or order/orders and/or direction/directions calling upon the opp. Parties to show cause as to why:- I. The Opp. Party No.6 shall not be directed to revise the estimated value of works on the point of GST at the rate of 18% instead of 12% as per the GST Notification under Anexure-3 and release the differential GST amount as per the representation of the petitioner under Annexure-2 for the works “Construction of Flood Protection Embankment on Lanth left from Tikarpara to Brahmani RD 00M to RD 12000 M under NABARD Assistance RIDF- XXV, vide agreement No.47/P1 of 2021-22” within a stipulated period. II. Why the action and decision of the authority shall not be declared illegal and arbitrary in not following the guidelines of the Government and not revising the estimated value of the works on the point of GST 18% instead of 12% III. And/or to pass such other order/orders, direction/directions as this Hon’ble Court deems just, fit, equitable and proper in the facts and circumstances of the present case;.”

In course of hearing, learned counsel for the Petitioner states that the Petitioner has made an representation before the Opposite Party No.6 vide Annexure-2 and the same may be directed to be considered within a stipulated time, to which learned Counsel for the State has no objection.

As agreed by learned counsel for the parties and after going through the records, this Court, without expressing any opinion on the merits of the case, disposes of the Writ Petition directing Opposite Party No.6 to consider the representation filed by the petitioner vide Annexures-2, and pass appropriate order in accordance with law within a period of three months from the date of production of certified copy of this order.