Deshraj Singh vs. State Of U.P. And 3 Others
Held
The Court did not decide the merits of the petitioner's claim regarding the release of GST payment and interest. Instead, the Court directed the petitioner to move a representation before respondent no. 3, the Chairman, Nagar Palika Parishad, Chitrakoot Dham, Karwi, within three weeks, along with a copy of the Court's order. The Court further directed that upon filing such a representation, respondent no. 3 shall take an expeditious decision in accordance with the law. The Court's decision was based on procedural directions rather than a determination of the substantive issues raised by the petitioner. No specific GST provisions were discussed or interpreted.
Facts
The petitioner, Deshraj Singh, filed a writ petition before the High Court seeking a writ of mandamus. The petitioner requested the court to direct respondents nos. 3 and 4 to release payment of GST deposited by him for work orders. He also sought interest at the rate of 9% per annum from 2016 until the actual date of payment. The respondents are the State of U.P. and three others, including the Chairman, Nagar Palika Parishad, Chitrakoot Dham, Karwi (respondent no. 3). The petition was filed in 2020.
Key Issues
1. Whether the Court should issue a writ of mandamus directing the respondents to release the payment of GST deposited by the petitioner along with interest. This issue turns on the petitioner's right to claim such payment and interest under relevant laws and contractual obligations. The petitioner argued that he had deposited GST for work orders and was entitled to release of payment and interest. The respondents' arguments are not recorded in the judgment.
AI-generated summary — verify with the full judgment below
Court No. - 34 Case :- WRIT - C No. - 21296 of 2020 Petitioner :- Deshraj Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Birendra Singh Counsel for Respondent :- C.S.C.
Hon'ble Mrs. Sunita Agarwal,J.
Hon'ble Jayant Banerji,J.
Heard learned counsel for the parties and perused the record.
By means of the present petition, the petitioner herein is seeking for a writ of mandamus directing the respondent nos.3 & 4 to release the payment of GST deposited by him towards payments of work orders along with interest at the rate of 9% per annum from the year 2016 till the actual date of payment.
For the dispute raised herein above, it would be appropriate that the petitioner may move a representation before the respondent no.3, i.e. the Chairman, Nagar Palika Parishad, Chitrakoot Dham, Karwi within a period of three weeks along with copy of this order. In case such a representation is filed, the respondent no.3 shall take an expeditious decision, in accordance with law.
In view of the above, the present petition is disposed of.
Order Date :- 8.12.2020 P Kesari
The judgment continues below.
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