Court No. - 3
Case :- WRIT TAX No. - 469 of 2021 Petitioner :- M/S H.P. Enterprises Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Vinay Kumar Mishra Counsel for Respondent :- C.S.C.
Hon'ble Naheed Ara Moonis,J. Hon'ble Saumitra Dayal Singh,J.
Heard learned counsel for the petitioner and learned Standing Counsel for the State respondents.
Instant writ petition has been filed with the following reliefs :
"(i) issue a writ, order or direction in the nature of mandamus directing the respondent no. 3 to ensure the refund Rs.3,82,800/- deposited by the petitioner towards Goods and Services Tax in pursuance to the payment against the work of construction allotted to him by the department under the provisions of Government Order dated 8.11.2017 to the petitioner forthwith or within a stipulated period as fixed by this Hon'ble Court.
(ii) issue a writ, order or direction in the nature of mandamus directing the respondent no. 3 to decide the pending representations of the petitioner forthwith or within a stipulated period as fixed by this Hon'ble Court.
(iii) ...........
(iv) "
The petitioner is claiming further amount on account of the G.S.T. from the respondent no. 3 in accordance with the provisions of the Government Order dated 08.11.2017.
The petitioner, for the above purpose, has moved a representation dated 7.2.2020 before the respondent no. 3, which is still pending consideration.
In view of the above, the writ petition is disposed of with the direction to the respondent no. 3 - Executive Engineer, Prantiya Khand, Public Works Department, Prayagraj to consider and decide the petitioner's representation dated 7.2.2020 in accordance with law within a period of six weeks from the date of receipt a copy of this order.
Order Date :- 30.7.2021 Prakhar