ORAL ORDER

(PER : HONOURABLE MR. JUSTICE BHARGAV D. KARIA)

1. Heard learned advocate Mr.Parth Rachh for learned advocate Mr.Paresh M. Dave for the petitioners.

2. This Speaking to Minutes Note is filed to correct the direction contained in paragraph No.16 of the order dated 28.02.2024 wherein, it is stated that “the respondent authority

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is further directed to issue Form SVLDRS-3 on receipt of the payment by the petitioner”.

3. Instead of the above direction, the following direction shall be substituted :

“The respondent-Authority is further directed to issue Form SVLDRS-3 for making the payment by the petitioner”.

4. Registry to issue the corrected writ after the correction is carried out. The Speaking to Minutes Note is accordingly disposed of.

(BHARGAV D. KARIA, J)

(NIRAL R. MEHTA,J)

PALAK

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 11892 of 2020 ================================================================

M/S ADVANCE INFRASTRUCTURE PVT. LTD. & ANR.

Versus UNION OF INDIA & ORS.

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Appearance:

MR PARTH RACHH WITH AMAL PARESH DAVE(8961) for the Petitioner(s)

No. 1,2 MR PARESH M DAVE(260) for the Petitioner(s) No. 1,2 JAY A MEHTA(9088) for the Respondent(s) No. 2,3 MR DEVANG VYAS(2794) for the Respondent(s) No. 1 ================================================================

CORAM:HONOURABLE MR. JUSTICE BHARGAV D. KARIA and HONOURABLE MR. JUSTICE NIRAL R. MEHTA Date : 28/02/2024

ORAL ORDER

(PER : HONOURABLE MR. JUSTICE BHARGAV D. KARIA)

Learned advocate Mr.Rachh has tendered the draft amendment.

The same is allowed in terms of draft and shall be carried out forthwith.

1. Heard learned advocate Mr.Parth Rachh with learned advocate Mr.Premal Dave for the petitioners and learned advocate MR.Jay Mehta for the respondent nos.2 and 3.

2. Rule returnable forthwith. Learned advocate Mr.Jay Mehta waives service of notice of rule for the respondent nos.2 and 3.

3. By this petition under Article 226 of the Constitution of India, the petitioners have prayed for the following reliefs:-

“(A) That Your Lordships may be pleased to issue a Writ of Certiorari or a Writ of Mandamus any other appropriate writ, direction or order, quashing and setting aside decisions of the Designated Committee

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bearing F.No.V.Misc. (87) SVLDRS/Advance/19-20 dated 6.5.2020 (Annexure-"K"), F.No. V.Misc (87) VLDRS/Advance/19-20 dated 30.6.2020 (Annexure-"L") and F.No.V.Misc. (87)SVLDRS/Advance/19- 20 dated 10.8.2020 (Annexure-"N") thereby directing the Designated Committee to issue Form SVLDRS-3 in the Petitioner's favour for the amount specified by the Designated Committee for this case and to issue a Discharge Certificate under Section 129 of the Sabka Vishwas (Legacy Dispute Resolution) Scheme upon depositing by the Petitioner the amount specified by the Designated Committee in this case;

(B) That Your Lordships may be pleased to issue a Writ of Mandamus or any other appropriate writ, direction or order holding and declaring that the Petitioner has been eligible for settling the case of SVLDRS-1 bearing ARN No.LD 1501200000439 dated 15.01.2020, and directing the Respondents herein to settle the case and issue Discharge Certificate in the Petitioner's favour upon following all procedure required under the Sabka Vishwas (Legacy Dispute Resolution) Scheme by the Respondents herein.”

4. Brief facts of the case are as under:-

4.1 The petitioner-Company is engaging providing construction services including the commercial/industrial building and civil structure. Prior to 01.07.2017, the petitioner was covered under the provisions of the Service Tax Laws as per the Finance Act, 1994 because the construction of commercial and industrial building was a taxable service. 4.2 The Preventive Officer of Vadodara-1 Commissioner conducted search on 19.02.2019 at the business premises of the petitio

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