Research › Search › Judgment

Patna High Court · body

2000 DIGILAW 1330 (PAT)

Shri Triputi Engicons (India) Pvt. Ltd. v. State Of Bihar

2000-12-18

SHIVA KIRTI SINGH

body2000
Judgment 1. Heard the parties. 2. Petitioner has made a prayer for commanding the respondents not to deduct 2% of the bill amount from petitioners bills in exercise of power under section 25A of the Bihar Finance Act, 1981 on the ground that the said provisions has already been declared ulta vires by a Division Bench of this Court in a recent judgment in the case of M/s. Larsen & Toubro Ltd. vs. State of Bihar reported in [1999 (3) PLJR 960]. He has further prayed for a direction that the authority should refund the amount of earlier deduction made from petitioners bills in exercise of power under the aforesaid provisions of Bihar Finance Act alongwith suitable interest. Petitioner has placed reliance on several orders of this court to show that in similar matters this court has restrained the respondents from making any deduction under section 25-A of the Bihar Finance Act and in some of the orders direction has been made for refund of the deducted amounts along with interest. 3. There is no doubt that section 25A of the Bihar Finance Act has been declared ultra vires and hence the respondents cannot resort to that provision of Law for making any deductions from the bills of the petitioner. To that extent the writ application has to be allowed and authorities are accordingly restrained from making any deduction from the petitioners bills in exercise of power under section 25A of the Bihar Finance Act. So far as prayer for refund is concerned the same has also to be allowed because of actions and things taken/done under section 25A of the Bihar Finance Act must be held to be bad in law, in view of clear judgment of this Court on the said point referred to above. Accordingly, it is held that it will be open to the petitioner to apply for refund/adjustment of the amounts already deducted under section 25-A of the Bihar Finance Act which should be done within 2 weeks of such application filed by the petitioner. Accordingly, it is held that it will be open to the petitioner to apply for refund/adjustment of the amounts already deducted under section 25-A of the Bihar Finance Act which should be done within 2 weeks of such application filed by the petitioner. From Annexure-1, an order of the Division Bench Judgments of this court it is clear that the Division Bench was inclined to grant any interest on the amount to be refunded or adjusted but such a direction was passed in that particular case only because the matter had remained pending for long and there was an interim order to the effect that in case of success of the writ application petitioner will be entitled for appropriate interest. The Division Bench clearly mentions that it was in deference to the interim order that the interest was allowed in that case. In the present case there is no such compulsion of any order and hence this court is not inclined to award any interest to the petitioner. 4. This writ application is, accordingly disposed of.