Tata Iron v. State

IN THE HIGH COURT OF ORISSA AT CUTTACK

OJC No.10916 of 1997 Tata Iron and Steel Company Ltd. and another .... Petitioners Mr. S.P. Sarangi, Advocate -versusState of Orissa and others ....

Opposite Parties Mr. Ramakanta Mohanty, Senior Advocate

CORAM:

THE CHIEF JUSTICE JUSTICE K.R. MOHAPATRA JUSTICE B.P. ROUTRAY

ORDER

28.06.2022 Order No.

19.

I.A. No.25 of 2022 and OJC No.10916 of 1997

1. This is an application filed by the State of Orissa seeking further six months time "to take a final policy decision regarding extension of the benefit granted to the public sector companies to private sector companies".

2. It is explained by Mr. R.K. Mohanty, learned Senior Advocate appearing for the Applicant-State that pursuant to the directions issued by this Court on 14th February 2022, the matter was considered by the Department of Water Resources and now a meeting has been scheduled for 5th July 2022, under the Chairmanship of the Chief Secretary, Odisha together with the concerned Departments. The decision taken at that meeting would have to be placed before the Cabinet and therefore, it is prayed that six months' time may be granted for that purpose.

3. The Court considers it appropriate in light of the above submissions to direct as under:

(i) The State will take a final policy decision and communicate it to the Petitioners not later than 1st November, 2022. (ii) If the policy decision is adverse to the Petitioners, then it will not be enforced for a further period of two weeks thereafter to enable the Petitioners to challenge such policy decision and further, the interim order already passed by this Court will continue till such time. In such event, it will be open to the Petitioners while filing a fresh petition to urge all the grounds and prayers made in the present writ petition in the said fresh writ petition. (iii) The Court clarifies that it has not expressed any view in the matter and all the contentions of the Petitioners are left open to be urged in the event that a writ petition is filed.

4. The I.A. as well as the main writ petition is disposed of in the above terms.

5. Issue urgent certified copy of this order as per rules. (Dr. S. Muralidhar) Chief Justice (K.R. Mohapatra) Judge (B.P. Routray) Judge S.K. Guin