M/S Asharaf Construction, Syedwara Ghazipur vs. State Of U.P. And 4 Others
Held
The Court held that the Nagar Palika Parishad, Ghazipur, must take a final decision on the petitioner's claim. This decision is to be communicated through a reasoned and speaking order. The Court directed that this decision be made as expeditiously as possible, preferably within two months from the date of the order. Furthermore, if any amount is found to be payable to the petitioner after the final decision, such payment must also be made within the same two-month period. The Court did not decide on the merits of the petitioner's claim for the release of funds but rather directed the authority to finalize the matter.
Facts
The petitioner, M/s Asharaf Construction, filed a writ petition before the High Court of Judicature at Allahabad. The petitioner sought the release of security money amounting to Rs. 5,52,708/- and GST amounting to Rs. 6,71,180/-. These amounts were claimed against work done for the Nagar Palika Parishad, Ghazipur. The Court noted that a final decision had not yet been made by the Nagar Palika Parishad regarding the petitioner's claim. The writ petition was disposed of with directions to the respondents.
Key Issues
1. Whether the Nagar Palika Parishad, Ghazipur, is obligated to make a final decision on the petitioner's claim for security money and GST, and if so, within what timeframe? (Question of law and procedure). The petitioner contended that they are entitled to the release of the security money and GST for work completed. The respondent, Nagar Palika Parishad, proposed a course of action to resolve the claim. The State, represented by the Standing Counsel, was also a party. The judgment does not explicitly record arguments from the State, other than through the Standing Counsel.
AI-generated summary — verify with the full judgment below
Chief Justice's Court Case :- WRIT - C No. - 2868 of 2023 Petitioner :- M/S Asharaf Construction, Syedwara Ghazipur Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Sharad Srivastava Counsel for Respondent :- C.S.C.,Awadhesh Kumar Malviya Hon'ble Pritinker Diwaker,Chief Justice Hon'ble Saumitra Dayal Singh,J.
Heard Sri Sharad Srivastava, learned counsel for the petitioner, Sri Awadhesh Kumar Malviya, learned counsel for Nagar Palika Parishad, Ghazipur and learned Standing Counsel for the State.
Petitioner claims release of security money Rs. 5,52,708/- and GST Rs. 6,71,180/- against work done on behalf of the Nagar Palika Parishad, Ghazipur.
Upon hearing learned counsel for the parties and perusal of the record, it transpires, final decision has not yet been made by the Nagar Palika Parishad, Ghazipur with respect to the claim made by the petitioner.
As proposed by the learned counsel for the Nagar Palika Parishad, Ghazipur, the writ petition is disposed of with the direction upon the respondent no. 3 to take final decision with respect to the claim being made by the petitioner by a reasoned and speaking order, as expeditiously as possible, preferably
The judgment continues below.
Read the full judgment
A free account opens 10 full GST judgments a month (one account works on both bharattax.net and this site). Re-reading one you have already opened does not count again.
The summary, the parties, the sections and the citations above are open to everyone and always will be. Only the text of the order and the PDF are metered.
Reproduced from the public record of the Allahabad High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.