M/S Vimlesh Kumar Pandey vs. State Of Up And 5 Others
Facts
The petitioner, M/s Vimlesh Kumar Pandey, a contractor, filed a writ petition before the Allahabad High Court. The petitioner's grievance was that an amount of Rs. 4,85,778/- towards GST, which they were entitled to as per a Government Order dated September 13, 2022, had not been released. The respondent, State of UP and others, through the learned Standing Counsel, stated that the petitioner's grievance would be examined by the competent authority in accordance with the law. The Court disposed of the writ petition with specific directions for the petitioner and the concerned authority.
Held
The Court did not decide the substantive claim on merits but disposed of the writ petition by directing the petitioner to represent their claim before respondent no. 2 within two weeks, along with supporting material and a certified copy of the order. The concerned authority was directed to consider the petitioner's claim on merits for the payment of Rs. 4,85,778/- in terms of the applicable Government Order. This consideration was to be done through a reasoned order within two months from the date of presenting the certified copy of the order. Furthermore, the amount found payable to the petitioner was to be released within a subsequent period of four weeks. The Court's decision was procedural, facilitating the adjudication of the petitioner's claim by the competent authority.
Key Issues
1. Whether the petitioner is entitled to the release of the claimed GST amount of Rs. 4,85,778/- in accordance with the Government Order dated September 13, 2022? Petitioner's Contention: The petitioner argued that they are entitled to the payment of the GST amount as per the Government Order dated September 13, 2022, and that this amount has not been released to them. Respondent's Contention: The respondent, State of UP, through the learned Standing Counsel, contended that the grievance of the petitioner would be examined by the competent authority in accordance with law. No specific arguments were recorded for the respondent beyond this statement.
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Neutral Citation No. - 2025:AHC:20218-DB Court No. - 29 Case :- WRIT - C No. - 36175 of 2024 Petitioner :- M/S Vimlesh Kumar Pandey Respondent :- State Of Up And 5 Others Counsel for Petitioner :- Amal Kumar Misra Counsel for Respondent :- C.S.C. Hon'ble Ashwani Kumar Mishra,J. Hon'ble Arun Kumar Singh Deshwal,J.
The petitioner is a contractor who has approached this Court with the grievance that he is entitled to payment of GST amount of Rs. 4,85,778/- in accordance with the Government Order dated 13.9.2022, but such amount has not been released.
Learned Standing Counsel states that the grievance of the petitioner would be examined by the competent authority, in accordance with law.
In the facts of the case, this writ petition stands disposed of, permitting the petitioner to represent his claim before respondent no. 2 within a period of two weeks from today, by annexing all the material in support of his claim, together with a certified copy of this order.
The concerned authority shall accord consideration to the petitioner's claim on merits for payment of the aforesaid amount, in terms of the applicable Government Order, by means of a reasoned order within a period of
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