Facts of the Case

The Petitioner filed a writ petition before the Orissa High Court seeking a direction to the concerned government authority to release the admitted final bill amounting to ₹4,78,139/- including GST within a stipulated period. During the hearing, the Petitioner submitted that he had already filed a detailed representation before the Chief Construction Engineer, Upper Indravati Project, requesting release of the admitted dues, and sought an appropriate direction for disposal of the said representation. The State did not raise any objection to such a request.

Issues Involved

  • Whether the High Court should direct the concerned government authority to release the admitted final bill including GST.
  • Whether the competent authority should be directed to consider and dispose of the Petitioner's pending representation within a fixed timeframe.
  • Whether the writ petition could be disposed of without examining the merits when the dispute could first be addressed by the competent authority.

Petitioner’s Arguments

  • The Petitioner contended that an admitted final bill of ₹4,78,139/- including GST remained unpaid.
  • It was submitted that a representation had already been made before the competent authority seeking release of the admitted amount.
  • The Petitioner requested the Court to direct the authority to consider and dispose of the representation within a stipulated period.

Respondent’s Arguments

  • The learned Additional Government Advocate did not object to the request made by the Petitioner for disposal of the pending representation.
  • The State agreed that the competent authority could examine and decide the representation in accordance with law.

Court Order / Findings

The Orissa High Court, without expressing any opinion on the merits of the case, disposed of the writ petition by directing the Chief Construction Engineer, Upper Indravati Project (Opposite Party No.2) to consider and dispose of the Petitioner's representation in accordance with law by passing an appropriate order preferably within three months from the date of production of the certified copy of the Court's order.

Important Clarification

  • The High Court did not direct immediate release of the payment.
  • The Court refrained from adjudicating the merits of the dispute.
  • The relief granted was limited to directing the competent authority to consider and decide the Petitioner's representation expeditiously.
  • The authority is expected to pass an appropriate order preferably within three months after receipt of the certified copy of the judgment.

Sections 

  • Article 226 of the Constitution of India (Writ Jurisdiction)
  • Principles relating to consideration and disposal of administrative representations
  • Government contract payment dispute involving admitted dues and GST

Link to Download the Order

https://mytaxexpert.co.in/uploads/1785395530_2349compressed.pdf

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