Dipen Das vs. Tiwa Autonomous Council And Anr.
Held
The Court directed the respondent Tiwa Autonomous Council to examine and verify the petitioner's claims regarding the entitlement to the balance amount of Rs. 2.00 Lakhs for the executed contract work. If, after this examination and verification, the petitioner is found to be entitled to any balance amount, the respondent Council is to take necessary steps to disburse the same to the petitioner within two months from the date of receiving a certified copy of the order. The Court did not make a definitive finding on the entitlement itself but mandated a process for its determination and subsequent release. The issue of GST was implicitly included in the balance amount to be verified.
Facts
The petitioner, Dipen Das, was awarded a construction work by the respondent Tiwa Autonomous Council for Rs. 5.00 Lakhs. An initial amount of Rs. 3.00 Lakhs was released. The petitioner completed the work, and an inspection report dated 21.03.2019 confirmed its satisfaction. The petitioner submitted bills for the balance amount of Rs. 2.00 Lakhs, which included GST of Rs. 20,000.00. As the balance amount remained unreleased, the petitioner filed a writ petition seeking a direction for its release. The respondent contended that the 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 amount of Rs. 2.00 Lakhs, including GST, for the completed construction work awarded by the Tiwa Autonomous Council? Petitioner's argument: The petitioner argued that the construction work was completed to the satisfaction of the respondent authority, as evidenced by the inspection report. Therefore, the balance amount, including the GST component, should be released. Respondent's argument: The respondent argued that the petitioner's claims require examination and verification. If, after such verification, the petitioner is found entitled, the balance amount will be released in due course.
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Cause title — parties, addresses and appearances
ORDER Date : 18-01-2021 Heard Mr. N.J. Khataniar, learned counsel for the petitioner and Mr. S. Neogi, learned Standing Counsel, Tiwa Autonomous Council appearing for both the respondents. The case projected on behalf of the petitioner is that by an order dated 03.03.2018, the respondent Tiwa Autonomous Council had awarded a construction work - “Rabhaghar of Page No. 2/3 Hanimoraghat Sankari Kala Kristi Vikash Kendra” after administrative approval
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