Jayanta Manta vs. Tiwa Autonomous Council And Anr.

Held

The Court held that instead of keeping the matter pending, it was appropriate for the respondent Tiwa Autonomous Council to examine and consider the petitioner's grievance. The Court directed the Tiwa Autonomous Council to examine and verify the petitioner's claims regarding the entitlement to the balance amount of Rs. 4.00 Lakhs for the execution of the contract work. If, after this examination and verification, the petitioner is found entitled to any balance amount, the respondent Tiwa Autonomous Council shall take necessary steps to disburse the same to the petitioner within a period of 2 months from the date of receipt of a certified copy of the order. The Court did not make a specific finding on the GST amount separately but included it within the overall balance payment.

Facts

The petitioner, Jayanta Manta, was awarded a construction work contract by the Tiwa Autonomous Council for an amount of Rs. 10.00 Lakhs. An initial amount of Rs. 6.00 Lakhs was released. The petitioner completed the work and submitted bills for the balance amount of Rs. 4.00 Lakhs, which included Rs. 40,000.00 as GST. The work was inspected and found satisfactory. The petitioner approached the High Court by way of a writ petition seeking a direction to release the balance payment of Rs. 4.00 Lakhs. The respondent, Tiwa Autonomous Council, through its Standing Counsel, stated that the petitioner's claims could be examined and verified, and if found entitled, the balance amount would be released.

Key Issues

1. Whether the petitioner is entitled to the release of the balance payment of Rs. 4.00 Lakhs, including the GST component, for the completed construction work, and if so, what is the procedure for its release? The petitioner argued that he had completed the awarded construction work, which was duly inspected and found satisfactory. He had submitted his bills for the balance amount of Rs. 4.00 Lakhs, which included the GST. The petitioner sought a direction from the Court for the release of this outstanding payment. The respondent, Tiwa Autonomous Council, contended that the petitioner's claims required examination and verification by the Council. They stated that if, after such verification, the petitioner was found entitled to any balance amount, appropriate steps would be taken for its release in due course.