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1999 Supreme(Pat) 1026

SACHCHIDANAND JHA, GURUSHARAN SHARMA
National Building Construction Corporation Limited – Appellant
Versus
State Of Bihar – Respondent


Judgment

1. This writ petition has been filed on behalf of a Government company challenging the vires of Sec.25-A of the Bihar Finance Act, 1981 .

2. By judgment and order dated July 19, 1999 Reported in [2000] 117 STC 41 (Pat ). in the ease of Larsen and Toubro Ltd. V/s. State of Bihar [c. W. J. C. No.878/97 (R)] and analogous cases, provisions of Sec.25-A of the Bihar Finance Act, 1981 and other related provisions have been declared to be ultra vires. It is thus plain that this writ petition is squarely covered by the said decision.

3. Coming to the consequential relief, it is obvious that the provisions having been held to be ultra vires anything done or action taken by virtue of the impugned provisions have to be held to be bad in law.

4. Sri B. P. Rajgharia followed by Sri Pawan Kumar, learned counsel for the petitioner, however submitted that by virtue of the interim order passed by this Court on September 24, 1993 petitioner is also entitled to interest as may be fixed by this Court. Relevant portion of the order runs as follows :

"so far the interim relief is concerned, the respondents shall be at liberty to make deduction from the bills but such deduction shall be subject t


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