Harish Chandra Majhi vs. The State Of Odisha

Court:Supreme Court of India
Judge:Hon'ble B.V. Nagarathna
Case Status:Pending
Order Date:29 Aug 2022
CNR:SCIN010209492021

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ITEM NO.22 COURT NO.12 SECTION XI-A

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

SPECIAL LEAVE PETITION (CIVIL) Diary No(s). 23266/2022

(Arising out of impugned final judgment and order dated 07-06-2021 in WP(C) No. 5758/2021 13-05-2022 in RVWPET No. 9/2022 passed by the High Court Of Orissa At Cuttack)

M/S ROYAL INFRACONSTRU LTD Petitioner(s)

VERSUS

STATE OF ODISHA & ORS. Respondent(s)

(FOR ADMISSION and I.R. and IA No.120083/2022-CONDONATION OF DELAY IN FILING )

Date : 29-08-2022 This petition was called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE J.K. MAHESHWARI

For Petitioner(s)Mr. Shekhar Naphade, Sr.Adv.
Mr. Abhinay, AOR
Mr. Utsav Trivedi, Adv.
Ms. Aishwarya Dash, Adv.
Ms. Manini Roy, Adv.
Mr. Himanshu Sachdeva, Adv.
Mr. Pooran Chand Roy, Adv.
Ms. Farha Hashmi, Adv.

For Respondent(s)

UPON hearing the counsel the Court made the following O R D E R

Our attention is drawn to the order dated 09.05.2022 passed in SLP(C) No. 7458 of 2022, titled 'M/s Maharvir Infra Developers Pvt. Ltd. Versus The State Of Odisha & Others'. It is stated that in judgment under challenge in Digitally signed by SONIA BHASIN Date: 2022.08.30 17:10:12 IST Reason: Signature Not Verified

the case of 'M/s Maharvir Infra Developers Pvt. Ltd. Versus The State Of Odisha & Others' is identical/similar to the impugned judgment in the present special leave petition.

Delay condoned.

Issue notice, returnable in the month of November, 2022.

Notice would be given dasti as well.

In the meanwhile, the learned counsel for the respondents would obtain instructions on whether the petitioner herein can be permitted to raise the plea that the contractual terms would not undergo a change by substitution/amendment of the Schedule of Rates (SOR) on account of the GST Act coming into force, as the impugned judgment is only confined to the question of the validity of the new SOR

List along with SLP(C) No. 7458 OF 2022 before an appropriate Bench.

(SONIA BHASIN) (DIPTI KHURANA) COURT MASTER (SH) ASSISTANT REGISTRAR

2

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Harish Chandra Majhi vs The State Of OdishaHarish Chandra MajhiRasananda MohakudBiraja ConstructionNaresh Chandra MahakudNirakar SamalGourav ConstructionRakesh Kumar JenaAmita ChhotarayBijay Kumar SwainAshok Kumar DasBiswal Construction CoPrafulla Kumar MohapatraSri Siba Prasad ParidaRaja Kishore RoutPradipta Kumar RoutBhabanikinkar Infrastructure Pvt. LtdPyarimohan PradhanPradeep Kumar SahooUlash Chandra BiswalRanjit Kumar SahuThe State Of OdishaCommissioner Cum SecretaryPrincipal Secretary, FinanceThe Executive EngineerExecutive Engineer , Balasore (R And B)Executive Engineer , Mbj R. W. S. And S DivisionThe Commissioner Of Commercial Taxes (C. T. ) And Goods And Service Tax (G. S. T. )Additional Ct And Gst OfficerCommissioner Cgst And CxState Of OdishaEngineering In ChiefExecutive EngineerEngineer In ChiefSecretary, Rural Development DepartmentCt And Gst OfficerSuperintending EngineerCt And Gst Officer, Jajpur CircleExecutive Engineer Panikoili (R And B) DivisionExecutive Engineer, Jaraka Irrigation DivisionExecutive Engineer, Drainage Division BalasoreOdisha Construction Corporation LimitedSenior Manager(Civil)Superintend, Gst And Central ExciseChief Engineer, Dpi And RoadExecutive Engineer, KeonjharExecutive Engineer, Anugul R And B DivisionExecutive Engineer, Sambalpur R And B Division 1Ct And Gst Officer, Cuttack CircleExecutive Engineer, Rural Works Division, Balasore IExecutive Engineer, Rural Works Division, Balasore IiGoods And Service Tax And Central ExciseThe Superintendent (Cpu)Executive Engineer, KendraparaExecutive Engineer , Kendrapara R And B DivisionExecutive Engineer , Jajpur Irrigation DivisionExecutive Engineer, Jajpur Drainage DivisionDirectorate General Of Gst IntelligenceExecutive Engineer, Puri Irrigation DivisionExecutive Engineer , Khurda Irrigation DivisionChief EngineerSuperintending Engineer, Southern CircleExecutive Engineer, Rural Works Division, SunabedaRegulated Market CommitteeEngineer In Chief, Minor Irrigation(Odisha)Executive Engineer, Mayurbhanj Minor Irrigation DivisionAdditional Ct And Gst Officer, Assessment Unit, RairangpurAddl. Ct And Gst OfficerCt And Gst Officer, Bhubaneswar Iv CircleAdditional C. T. And G. S. T. Officer

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Harish Chandra MajhiRasananda MohakudBiraja ConstructionNaresh Chandra MahakudNirakar SamalGourav ConstructionRakesh Kumar JenaAmita ChhotarayBijay Kumar SwainAshok Kumar DasBiswal Construction CoPrafulla Kumar MohapatraSri Siba Prasad ParidaRaja Kishore RoutPradipta Kumar RoutBhabanikinkar Infrastructure Pvt. LtdPyarimohan PradhanPradeep Kumar SahooUlash Chandra BiswalRanjit Kumar SahuThe State Of OdishaCommissioner Cum SecretaryPrincipal Secretary, FinanceThe Executive EngineerExecutive Engineer , Balasore (R And B)Executive Engineer , Mbj R. W. S. And S DivisionThe Commissioner Of Commercial Taxes (C. T. ) And Goods And Service Tax (G. S. T. )Additional Ct And Gst OfficerCommissioner Cgst And CxState Of OdishaEngineering In ChiefExecutive EngineerEngineer In ChiefSecretary, Rural Development DepartmentCt And Gst OfficerSuperintending EngineerCt And Gst Officer, Jajpur CircleExecutive Engineer Panikoili (R And B) DivisionExecutive Engineer, Jaraka Irrigation DivisionExecutive Engineer, Drainage Division BalasoreOdisha Construction Corporation LimitedSenior Manager(Civil)Superintend, Gst And Central ExciseChief Engineer, Dpi And RoadExecutive Engineer, KeonjharExecutive Engineer, Anugul R And B DivisionExecutive Engineer, Sambalpur R And B Division 1Ct And Gst Officer, Cuttack CircleExecutive Engineer, Rural Works Division, Balasore IExecutive Engineer, Rural Works Division, Balasore IiGoods And Service Tax And Central ExciseThe Superintendent (Cpu)Executive Engineer, KendraparaExecutive Engineer , Kendrapara R And B DivisionExecutive Engineer , Jajpur Irrigation DivisionExecutive Engineer, Jajpur Drainage DivisionDirectorate General Of Gst IntelligenceExecutive Engineer, Puri Irrigation DivisionExecutive Engineer , Khurda Irrigation DivisionChief EngineerSuperintending Engineer, Southern CircleExecutive Engineer, Rural Works Division, SunabedaRegulated Market CommitteeEngineer In Chief, Minor Irrigation(Odisha)Executive Engineer, Mayurbhanj Minor Irrigation DivisionAdditional Ct And Gst Officer, Assessment Unit, RairangpurAddl. Ct And Gst OfficerCt And Gst Officer, Bhubaneswar Iv CircleAdditional C. T. And G. S. T. OfficerAdvocate Shubhranshu PadhiAdvocate Ramendra Mohan Patnaik