Jagat Narayan Rai vs. Jharkhand State Housing Board Through The Managing Director
Held
The Court, after hearing the learned counsel for the parties and without going into the merits of the case, disposed of the writ petition. The Court directed the respondent no.2, the Executive Engineer, Jharkhand State Housing Board, Hazaribagh Division, Hazaribagh, to look into the matter. If the amount found to be payable to the petitioner is admitted, it should be released within six weeks from the receipt of a copy of the order. A decision on the payable amount is to be taken within four weeks. If there is any adverse decision on any ground, it must be communicated to the writ petitioner forthwith by passing a speaking order. The Court did not delve into the specific entitlement to GST or penal interest, focusing instead on directing the authority to process the admitted due amount.
Facts
The petitioner, Jagat Narayan Rai, filed a writ petition seeking a mandamus to compel the Executive Engineer, Jharkhand State Housing Board, Hazaribagh Division, to pay an admitted due amount of Rs. 9,57,793.00, along with 18% GST and 15% penal interest, for the completion of a contract for constructing 8 MIG Flats (G+5) Block-B at Sarley Housing Colony, Hazaribagh. The petitioner had successfully completed the contract work. The respondents are the Jharkhand State Housing Board and its Executive Engineer.
Key Issues
1. Whether the petitioner is entitled to a writ of mandamus directing the respondent no.2 to forthwith make payment of the admitted due amount of Rs. 9,57,793.00, along with GST at 18% and penal interest at 15% per annum for the delay, considering the commercial nature of the transaction. Contentions of the Petitioner: The petitioner argued for the issuance of a writ of mandamus to compel payment of the admitted due amount, GST, and penal interest, emphasizing the commercial nature of the transaction and the successful completion of the contract work. Contentions of the Respondents: The State-respondents submitted that the matter could be disposed of by issuing directions to respondent no.2, the Executive Engineer, Jharkhand State Housing Board, Hazaribagh Division.
AI-generated summary — verify with the full judgment below
Page 1
IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No. 3759 of 2023
----- Jagat Narayan Rai aged about 53 years, son of Shri Ram Chandra Rai, resident of Tangra Toli, Bazaar Tand, Near Kanchan Studio, PO & PS Kanke, District Ranchi- 834006
… … … Petitioner
Versus
Jharkhand State Housing Board through the Managing Director, Harmu Chowk, Harmu, PO Harmu, PS Argora, District Ranchi- 834002 (Jharkhand)
The Executive Engineer, Jharkhand State Housing Board, Hazaribagh Division, Sarley, Housing Colony, PO & PS Korra, District Hazaribagh- 825301 (Jharkhand) . … … … Respondents
------- CORAM: HON’BLE THE ACTING CHIEF JUSTICE
HON’BLE MR. JUSTICE ARUN KUMAR RAI ------- For the Petitioner
:Mr. Samir Kumar Lall, Adv. For the Respondents :Mr. Sachin Kumar, A.A.G.-II ------
Order No.05/Dated 14thAugust, 2024
This writ petition has been filed under Article 226 of the Constitution of India for the following reliefs:-
(i) The Instant writ petition, the above-named petitioner humbly prays for issuance of a writ in the nature of mandamus commanding upon
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