M/S Vinod Kumar Jain vs. State Of Chhattisgarh
Facts
The petitioner, M/s Vinod Kumar Jain, filed a writ petition seeking a direction for reimbursement of GST amounting to Rs. 27,78,561/- along with applicable interest from the respondent authorities of the Public Works Department, Government of Chhattisgarh. The petitioner had submitted representations and claims to Respondent No. 3 (Executive Engineer) and Respondent No. 4 (Sub-Divisional Officer) regarding this reimbursement. The petitioner contended that despite submitting documents and representations, their claim had not been decided by Respondent No. 3. The respondents, through their counsel, did not oppose the petitioner's submissions and agreed to decide a fresh representation within 60 days if filed with all requisite information and documents.
Held
The Court directed the petitioner to submit a fresh representation, along with all requisite documents and information, to Respondent No. 3, the Executive Engineer, PWD, Vidhanshabha Division, Raipur, within two weeks. Upon the filing of this representation, the Executive Engineer was directed to decide the same within a further period of 60 days from the date of filing, in accordance with the law. The Court did not make any specific findings on the validity of the original GST claim or the applicability of the order dated 10.10.2018, as the matter was disposed of by directing a fresh representation and decision. The ratio of the decision is that when a claim is pending and parties agree to a procedural resolution, the Court will direct the authority to consider the claim within a stipulated timeframe.
Key Issues
1. Whether the Court should direct Respondent No. 3, the Executive Engineer, Public Works Department, to comply with Order No. F 21-5/2012/T/NIVIDA dated 10.10.2018 for reimbursement of GST paid by the petitioner, along with interest? The petitioner argued for a direction to comply with the existing order and reimburse the GST amount. The respondents did not present any arguments against this specific issue, but indicated a willingness to decide a fresh representation. 2. Alternatively, whether the Court should direct Respondent No. 3 to decide on the GST reimbursement claim of the petitioner expeditiously, preferably within 60 days from the decision of the instant petition? The petitioner sought an expeditious decision on their pending claim. The respondents agreed to decide a fresh representation within 60 days of its filing.
AI-generated summary — verify with the full judgment below
1
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2433 of 2025 1 - M/s Vinod Kumar Jain Having Office At A-3, Jeevan Vihar, Telibandha, Raipur (C.G.) Through Its Authorized Representative Shri Vinod Kumar Jain S/o Hanuman Prasad Jain, Aged About 59 Years, R/o College Road, Jashpur Nagar, District - Jashpur, Chhattisgarh, India – 496331. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Public Works Department, Government Of Chhattisgarh, Mahanadi Bhawan, Mantralaya, Nava Raipur, Atal Nagar, Raipur, Chhattisgarh. 2 - Engineer-In-Chief Public Works Department, Government Of Chhattisgarh, Nirman Bhavan, Sector-19, Nava Raipur, Atal Nagar, Raipur, Chhattisgarh. 3 - Executive Engineer Vidhan Sabha Division, Raipur, Public Works Department, Government Of Chhattisgarh, Raipur, Chhattisgarh. 4 - Sub-Divisional Officer P.W.D. Division No.-2, Raipur, Public Works Department, Government Of Chhattisgarh, Raipur, Chhattisgarh.
... Respondent(s) JAT
2 For Petitioner(s) : Mr. Ayush Singh Solanki, Advocate. For Respondent(s)/ State : Mr. Prav
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