Vidya Sharma vs. The Union Of INDIA Through Secretary, The Ministry Of Road Transport And Highways
Facts
The petitioner, Vidya Sharma, filed a writ petition before the Jharkhand High Court seeking directions for the release of a pending amount of Rs. 79,76,046/- for work done on the Bihar Jharkhand Border (Chordaha) to Gohar Section of NH2 project. The petitioner also sought compensation with interest on the unpaid amount and a stay on recovery proceedings initiated by Respondent No. 5, the Deputy Commissioner, State Tax, Saran Circle-1, Bihar. The respondents included various government entities like the Ministry of Transport and Highways, National Highways Authority of India, and tax authorities from Bihar and Jharkhand, as well as M/S Virat Construction Company.
Held
The Court did not adjudicate on the merits of the petitioner's claims. After some arguments, the learned counsel for the petitioner sought and was granted permission to withdraw the writ petition with the liberty to file a fresh petition. The learned counsel for the State raised no objection to this request. Consequently, the Court disposed of the writ petition as withdrawn with the granted liberty. No specific findings were made on the issues of payment release, interest, or the stay of recovery proceedings, as the case was withdrawn before substantive arguments could be presented or decided.
Key Issues
1. Whether the petitioner is entitled to the release of the pending amount of Rs. 79,76,046/- for the work done on the NH2 project? (Question of fact and law) 2. Whether the petitioner is entitled to compensation with interest on the unpaid amount? (Question of law) 3. Whether the recovery proceedings initiated by Respondent No. 5 should be stayed? (Question of law) Petitioner's arguments: The petitioner sought directions for the release of the outstanding payment, compensation with interest, and a stay on recovery proceedings. The specific grounds and legal provisions relied upon by the petitioner were not detailed in the provided judgment excerpt. Revenue/State's arguments: The judgment does not record any specific arguments made by the respondents regarding the petitioner's claims or the recovery proceedings.
AI-generated summary — verify with the full judgment below
2025:JHHC:21630
IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No.3729 of 2025 ---- Vidya Sharma, Son of Sukhari Sharma, aged about 65 years, Resident of Vill- Chandauli, Post-Chainpur, PS-Goreyakothi, District-Siwan, Bihar
…. …. Petitioner -Versus-
The Union of India through Secretary, the Ministry of Transport and Highways, Government of India, Transport Bhawan, P.O., P.S., Parliament Street, District-New Delhi.
The Chairman, National Highways Authority of India, B-402. Road No.4C, P.O Ashok Nagar, P.S. Argora, District-Ranchi, Jharkhand
The State of Bihar through Secretary, Department of Finance, Bihar Secretariat, P.O &P.S-Sachivalaya, Patna
The Superintendent, Central Good and Service Tax (GST) Hazaribagh Range, P.O & P.S-Hazaribagh, District-Hazaribagh
The Deputy Commissioner, State Tax, Saran Circle-1, P.O, P.S & District- Chapra, Bihar
M/S Virat Construction Company, through its Managing Director namely, Mr. Darshan Upapadhyay, aged about 54 years, having its registered office at Address 1. H/O Baldeo Shaw at Pawai, P.O.- Pandeybara, P.S- Chauparan Pawai, Hazaribagh, Jharkhand Address
The judgment continues below.
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