Sharda Construction Through Its Proprietor, Namely, Deepak Kumar vs. The Union Of INDIA
Held
The Court decided to dispose of the present writ petition in terms of the order passed in C.W.J.C. No.16121 of 2024. The reasoning provided is that the present matter is similar to the aforementioned case, which was dismissed. Therefore, following the precedent set by the dismissal of the similar writ petition, this petition is also disposed of. The specific findings on any issues, the detailed reasoning, or the ratio decidendi applicable to other cases are not elaborated upon in this excerpt. No operative directions such as remand or deletion are mentioned, nor is any specific relief granted beyond the disposal of the petition. No issues were expressly left undecided.
Facts
The petitioner, Sharda Construction, through its proprietor Deepak Kumar, filed a writ petition before the Patna High Court. The respondents include the Union of India, the State of Bihar, and various authorities and entities of the Bihar State Educational Infrastructure Development Corporation Limited (BSEIDC). The specific tax period and the exact order or action under challenge are not detailed in this excerpt. The amount in dispute is also not stated. The procedural history indicates that this writ petition is similar to another case, C.W.J.C. No.16121 of 2024, which was dismissed on the same day.
Key Issues
The Court had to decide whether to grant relief to the petitioner in this writ petition. The judgment does not explicitly frame the questions of law or mixed law and fact. The petitioner's arguments are not recorded in this excerpt. The respondents' contentions are also not detailed. The judgment states that the present matter is similar to C.W.J.C. No.16121 of 2024, which was dismissed. No specific provisions of the GST Act or Rules, circulars, or precedents are mentioned as being relied upon by either side in this excerpt.
AI-generated summary — verify with the full judgment below
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.16817 of 2024 ====================================================== Sharda Construction through its proprietor, namely, Deepak Kumar, aged about 62 years, Gender- Male, Son of Late Anukul Prasad, presently having its registered office at Sharda Villa, F-3, Ashiana Nagar, Phase - II, Police Station - Rajiv Nagar in the town and district of Patna. ... ... Petitioner. Versus
The Union of India through the Secretary, Ministry of Finance (Department and Revenue), Government of India, New Delhi.
The Under Secretary, Ministry of Finance, Department of Revenue, Government of India, New Delhi.
The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
The Principal Secretary, Department of Finance, Government of Bihar, Patna.
The Principal Secretary, Road Construction Department, Government of Bihar, Patna.
The Bihar State Educational Infrastructure Development Corporation Limited (A Government of Bihar Undertaking), Shiksha Bhawan, Bihar Rastra Bhasha Parishad Campus, Acharya Shivpujan Sahay Path, Saidpur, Patna through its Managing Director.
The Managing Director, Bihar State
The judgment continues below.
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