Dinesh Pattnaik v. Collector,Dhenkanal

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P (C) No. 16150 of 2011 Dinesh Pattnaik .....

Petitioner Mr. B.N. Mohanty, Adv Vs.

Collector, Dhenkanal and others .....

Opposite party Mr. J.P. Patnaik, G.A.

CORAM:

DR. JUSTICE B.R. SARANGI MR. JUSTICE S.K. PANIGRAHI

ORDER

06.01.2022 Order No.

This matter is taken up through hybrid mode.

2.

Heard Mr. B.N. Mohanty, learned counsel for the petitioner and Mr. J.P. Patnaik, learned Government Advocate for the state. 3.

The petitioner files this writ petition seeking direction to the opposite parties to refund the earnest money deposit of Rs.3,46,610/- to the petitioner within a reasonable time. 4.

Mr. B.N. Mohanty, learned counsel for the petitioner states that while participating in the tender process, the petitioner has deposited a sum or Rs.3,46,610/- which is required to be refunded to the petitioner. He further contended that the petitioner may be permitted to make an application to the authority concerned and the said authority may be directed to pass appropriate order in accordance with law.

5.

Mr. J. P. Patnaik, learned Government Advocate contended that since the petitioner has not deposited the bid amount, the earnest money deposited by the petitioner has been forfeited.

6.

Considering the submission made by learned counsel for the parties, this Court permits this petitioner to file an application for refund of the earnest money deposited by him, if the same is permissible under law and in such event the authority shall consider and dispose of the same in accordance with law by passing appropriate order accordingly.

7.

With the above observation/direction the writ petition stands disposed of.

Arun (DR. B.R. SARANGI) JUDGE (S.K. PANIGRAHI) JUDGE