Maa Vaishnoo Infra Venture PVT. LTD. Thru. Director Dhiraj Singh Tomar vs. State Of U.P. Thru. The Prin. Secy. P.W.D. Lko. And 3 Others
Facts
The petitioner, Maa Vaishnoo Infra Venture Pvt. Ltd., through its Director Dhiraj Singh Tomar, filed a writ petition before the Allahabad High Court. The petitioner had performed work for the opposite parties, and while the principal amount for the work had been received, the amount pertaining to the difference in the rate of GST (6%) and the retention money remained unpaid. The petitioner sought directions for the payment of these outstanding amounts. The State of U.P. was the respondent, represented by the Principal Secretary, P.W.D., Lucknow, and three others.
Held
The Court noted a consensus at the Bar that the issue in the present writ petition had already been decided by the same Court in a similar writ petition (Writ C No. 4274 of 2025) vide judgment and order dated 05.05.2025. In that prior case, the Court had directed the petitioner to approach the relevant opposite party (identified as opposite party No.4 in that order) to claim the outstanding amount. Upon such approach, the opposite party was to verify the facts and take a decision as required by law, with expedition, within two months. Following this precedent, the present writ petition was also disposed of on the same terms, directing the petitioner to approach the concerned authority for verification and decision on the unpaid GST difference and retention money.
Key Issues
1. Whether the petitioner is entitled to payment of the difference in the rate of GST (6%) and the retention money for the work performed. The petitioner argued that although the principal amount for the work had been received, the differential GST amount and the retention money were still outstanding and payable. The petitioner sought a direction for the payment of these dues. The respondent authorities did not present any arguments as recorded in the judgment. The court's decision was based on a consensus at the bar that the matter had been previously decided in a similar writ petition.
AI-generated summary — verify with the full judgment below
Neutral Citation No. - 2025:AHC-LKO:30079-DB Court No. - 2 Case :- WRIT - C No. - 4770 of 2025 Petitioner :- Maa Vaishnoo Infra Venture Pvt. Ltd. Thru.
Director Dhiraj Singh Tomar Respondent :- State Of U.P. Thru. The Prin. Secy. P.W.D. Lko.
And 3 Others Counsel for Petitioner :- Avnish Kumar Singh Counsel for Respondent :- C.S.C.
Hon'ble Rajan Roy,J.
Hon'ble Om Prakash Shukla,J.
Heard.
There is a consensus at Bar that the matter in issue has already been decided by this Court in a similar writ petition bearing Writ C No. 4274 of 2025 vide judgment and order dated 05.05.2025 in the following terms:- "Heard.
The petitioner's counsel says that the principal amount payable to the petitioner for the work performed by it for the opposite parties has been received but the amount payable by the opposite parties to the petitioner pertaining to the difference in the rate of GST i.e. 6% as also the retention money has not been paid yet.
Let the petitioner approach the opposite party No.4 claiming the said amount, whereupon he shall get the facts verified and take such decision as is required in law, but with expedition, say, within two months.
The Writ Petition stands disposed of."
In v
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