M/S Shanti Enggicon Private Limited vs. State Of Chhattisgarh
Held
The Court decided to dispose of the writ petition by directing respondents No. 2, 3, and 4 (Executive Engineer, Chief Engineer, and Superintending Engineer of the Public Works Department, Bilaspur) to take a decision on the petitioner's representation/claim for reimbursement of the GST amount. The Court ordered that this decision should be taken in accordance with the rules at the earliest, preferably within 45 days from the receipt of a copy of the order. The reasoning was based on the State counsel not opposing the limited relief sought. The ratio is that when a representation for reimbursement is made and the State does not oppose its consideration, the High Court can direct the concerned authorities to decide it within a stipulated time.
Facts
The petitioner, M/s Shanti Enggicon Private Limited, through its Director, filed a writ petition seeking a direction for the respondents (State of Chhattisgarh and its Public Works Department officials) to consider its representation for reimbursement of GST amount. The petitioner's registered address is in Orissa, with a corporate office in Korba, Chhattisgarh. The respondents are officials from the Public Works Department in Bilaspur, Chhattisgarh. The State counsel did not oppose the limited relief sought by the petitioner.
Key Issues
1. Whether the Court should direct the respondents to consider the petitioner's representation for reimbursement of GST amount. The petitioner argued for a direction to consider their representation for reimbursement. The State counsel did not oppose this prayer.
AI-generated summary — verify with the full judgment below
1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1093 of 2020 M/s Shanti Enggicon Private Limited, Registered Address - Clubpara Bolangir Orissa Corporate Office - Shanti Niwas In Front Of Agrasen Bhawan Korba Chhattisgarh. 495677 Through Its Director Shri Rohit Agrawal, Aged About 32, Resident Of Shanti Niwas In Front Of Agrasen Bhawan Korba Chhattisgarh ---- Petitioner Versus
State Of Chhattisgarh Through Secretary Public Works Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District - Raipur Chhattisgarh
The Executive Engineer, Public Works Department, Bilaspur Division No I, District - Bilaspur Chhattisgarh
The Chief Engineer Public Works Department, Bilaspur Circle, District - Bilaspur Chhatttisgarh
The Superintending Engineer Public Works Department, Bilaspur Division, District - Bilaspur Chhattisgarh ---- Respondents For Petitioner : Mr. Harshwardhan Parganiha, Advocate For State : Mr. Jitendra Pali, Dy. AG Hon'ble Shri Justice P. Sam Koshy Order on Board 08/06/2020
The limited relief that the petitioner has sought for in the present writ petition is for a direction to the respondents for considering his representation that petitioner
The judgment continues below.
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