IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF AUGUST 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.36112 OF 2019 (GM-RES) Between:
M/s Godawari Industrial Traders A partnership firm registered under The Indian Partnership Act Having its office at MGM House 1st Floor, Opposite Nila Nagar Budhwar Peth, Solapur – 413 002 Maharashtra Represented by its Partner Mr. Vishnudas Jaikisan Rathi (By Sri. Poonacha C.M., Advocate) And:
1. The South Western Railway … Petitioner Represented by its General Manager Gadag Road Hubballi – 580 020 2. Chief Administrative Officer (Construction) South Western Railway 18, Millers Road Bengaluru – 560 046 3. The Deputy Chief Engineer (Construction–I) South Western Railway Club Road, Keshwapur, Hubballi – 580 023 … Respondents This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to direct the respondents to consider the request of the petitioner made vide letter dated 10.04.2018 (Annexure-G) and letter dated 25.07.2019 (Annexure-L) for neutralization of GST in accordance with the Joint Procedural Order No.1/2018 dated 06.02.2018 (Annexure-D) Vis-a- Vis the work carried on by the petitioner in respect of the contract agreement dated 28.06.2017 (Annexure-B) together with penalty and interest as per the demand made by the tax authorities, within a fixed time frame in any event not later than 4 weeks.
This Writ Petition coming on for Preliminary Hearing, this day, the Court made the following:-
ORDER Sri. Poonacha C.M., learned counsel for the petitioner.
Taking into account the order which this Court proposes to pass, it is not necessary to issue notice to the respondents.
2. In this petition, the petitioner inter alia seeks for a direction to the respondents to consider the request of the petitioner made vide letter dated 10.04.2018 (Annexure-G) and letter dated 25.07.2019 (Annexure-L) for neutralization of GST in accordance with the Joint Procedural Order No.1/2018 dated 06.02.2018 (Annexure-D) Vis-a- Vis the work carried on by the petitioner in respect of the contract agreement dated 28.06.2017 (Annexure-B) together with penalty and interest as per the demand made by the tax authorities, within a fixed time frame in any event not later than 4 weeks.
3. When the matter was taken up today, learned counsel for the petitioner submitted that the writ petition may be disposed of with a direction to the respondents to consider the letters dated 10.04.2018 and 25.07.2019 contained in Annexures-G and M respectively submitted by the petitioner in accordance with law.
4. In view of the submission made and in the facts of the case, the writ petition is disposed of with a direction to the competent authority to consider and decide the letters dated 10.04.2018 and 25.07.2019 submitted by the petitioner, if not already decided, in accordance with law by a speaking order within a period of two months from the date of receipt of certified copy of the order passed today.
5. It is made clear that this Court has not expressed any opinion on merits of the case.
Accordingly, the writ petition is disposed of.
Sd/- JUDGE Mds/-
AAJ:
09.09.2019 WP No.36112/2019 ORDERS ON ‘BEING SPOKEN TO’ Sri C.M.Poonacha, learned counsel for the petitioner.
After hearing the learned counsel for the petitioner, it is directed that in paragraph No.4 of the order dated 20.08.2019, instead of the word ‘competent authority’ the word ‘respondent No.1’ shall be read.
This order shall be read in conjunction with the order dated 20.08.2019.
Sd/- JUDGE cp*