M/S S.R. Associates vs. State Of U.P. And 3 Others

WRIC/6913/2022HC AllahabadGSTCNR UPHC01037797202203 April 20221 pages

For Petitioner: Sriram Dhar DubeyFor Respondent: C.S.C., Hon'ble Vivek Kumar Birla, J., Hon'ble Vikas Budhwar, J., Heard learned counsel for the petitioner and learned Standing

AI SummaryRemanded

Held

The Court observed that Clause 24.11 of the contract provides for a dispute redressal system. Consequently, the Court was not inclined to interfere in the present writ petition. The petitioner was granted liberty to avail the remedy as provided under the terms of the contract. The Court did not decide on the merits of the termination orders or the GST exemption claim, leaving these issues to be resolved through the contractual mechanism. The petition was disposed of with these observations.

Facts

The petitioner, M/S S.R. Associates, filed a writ petition before the High Court of Judicature at Allahabad. The petition sought to quash termination orders dated February 16, 2022, issued by the Superintendent Engineer, Rural Engineering Department, Uttar Pradesh. Additionally, the petitioner sought a direction to the respondents to pay for the construction of Kastoorba Hostels in Block-Roopdeeh and Block-Haldharmau, District Gorakhpur, exempting GST. The contract between the parties contained a dispute redressal system as per Clause 24.11.

Key Issues

1. Whether the termination orders dated 16.2.2022, issued by the Superintendent Engineer, Rural Engineering Department, Uttar Pradesh, are liable to be quashed. 2. Whether the petitioner is entitled to payment for the construction of Kastoorba Hostels, exempting GST. Petitioner's Contention: The petitioner sought to quash the termination orders and sought a direction for payment of construction charges, including GST exemption. Respondent's Contention: The respondents, represented by the Standing Counsel, did not explicitly record arguments in the judgment. However, the Court's decision implies a reliance on the contractual dispute redressal mechanism.

Sections Cited

Clause 24.11

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances

Court No. - 40 Case :- WRIT - C No. - 6913 of 2022 Petitioner :- M/S S.R. Associates Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sriram Dhar Dubey Counsel for Respondent :- C.S.C. Hon'ble Vivek Kumar Birla,J. Hon'ble Vikas Budhwar,J. Heard learned counsel for the petitioner and learned Standing Counsel for the respondents. Learned counsel for the petitioner has filed this writ petition for following reliefs:- "i. to issue a writ, order or direction in the nature of certiorari quashing the termination

order

i.e.

letter No.892/G.A.V./Stha/K.G.Chhatra-Roopdih/Anu/Samapt/2021- 22

and letter

No.892/G.A.V./Stha/K.G.Chhatra- Haldharmau/Anu/Samapt/2021-22 dated 16.2.2022 passed by Superintendent Engineer Rural Engineering Department Uttar Pradesh (filed as Annexure No.7 with this writ petition). ii-to issue a writ, order or direction in the nature of mandamus directing the respondent to pay the payment of the Petitioner exempting GST regarding construction of Kastoorba Hostel (Kasturba Chhatravas) in Block-Roopdeeh as well as Kastoorba Hostel (Kasturba Chhatravas) in Block- Haldharmau District Gorakhpur. iii-to issue such other and further writ, ord

The judgment continues below.

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