Court No. - 18
Case :- WRIT - C No. - 35646 of 2018 Petitioner :- M/S Sangam Builders Suddhipur Shivpur, Varanasi Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Jamal Ahmad Khan Counsel for Respondent :- C.S.C.
Hon'ble Mahesh Chandra Tripathi,J.
The petitioner is before this Court assailing the impugned ex- parte order dated 31.3.2017 and recovery certificate dated 13.9.2017 passed by the third respondent assessing the amount of Cess Rs. 4,01,706/- taking the value of the construction under the Act to the tune of Rs. 4,01,70,575/- under Section 7 of the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996 and for a direction to the third respondent to rehear the matter afresh and pass the order strictly in the light of the Government Order dated 3.2.2014 and further assess the value of construction as assessed by the evaluator.
At the very outset, learned counsel for the petitioner submits that the present matter is squarely covered by the judgment dated 18.10.2016 passed by this Court in Writ-C No. 49023 of 2016 (Dr. Neeraj Agrawal v. State of U.P. & Ors.) and the similar direction may also be passed in this writ petition also. The operative portion of the judgment is quoted as under:-
"In these facts and circumstances of the case, on consent, it is provided that the third respondent, Cess Assessing Authority/Deputy Labour Commissioner, Allahabad Region Allahabad under the Building and other Construction Worker's Welfare Cess Act, 1996 shall consider and decide the recall application by a reasoned and speaking order, in accordance with law after hearing the petitioner, upon getting the property valued in terms of the Government Order dated 3 February 2014. It is expected that the entire exercise shall be carried out, expeditiously, preferably within three months from the date of filing of certified copy of this order along with copy of a fresh recall application with all supporting documents, provided there is no legal impediment. The impugned order dated 8 September 2015 shall abide by the final decision. It is clarified that till the final order is passed, no coercive action shall be taken against the petitioner pursuant to the impugned orders.
Subject to the above, the writ petition is finally disposed of."
Learned Standing Counsel has not disputed the assertion made by learned counsel for the petitioner.
In the aforesaid facts and circumstances, the writ petition is disposed of in the same terms as in the judgment passed in Dr. Neeraj Agrawal v. State of U.P. & Ors. (Supra).
Order Date :- 26.10.2018 A.K.Srivastava