Ulash Chandra Biswal v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.2757 of 2022 Ulash Chandra Biswal ....

Petitioner Mr. P.C. Nayak, Advocate -versusState of Odisha and others ....

Opposite Parties Mr. S.N. Das, A.S.C.

CORAM:

THE CHIEF JUSTICE JUSTICE R. K. PATTANAIK

ORDER

02.02.2022 02.

1. This matter is taken up by video conferencing mode. Order No.

2. By way of this writ petition, the Petitioner has assailed the action of Opposite Party No.6-Tahasildar, Bari in not refunding the enhanced royalty amount in spite of recommendation made by Opposite Party No.4- Executive Engineer, Jaraka Irrigation Division, Jaraka pursuant to order of this Court as well as Government guideline dated 1st December, 2016 even after repeated requests of the Petitioner.

3. It appears that the issue involved in this case is covered by earlier decision of this Court dated 19th April, 2019 passed in W.P.(C) No.3728 of 2019.

4. Accordingly, Opposite Party No.6-Tahasildar, Bari is directed to refund the excess royalty to the Petitioner in obedience to recommendation of Opposite Party No.4-Executive Engineer, Jaraka Irrigation Division, Jaraka underAnnexure-5 within a period of four months from the date of receipt of downloaded copy of this order. The writ petition is disposed of in the above terms.

5. As the restrictions due to resurgence of COVID-19 situation are continuing, learned counsel for the parties may utilize a printout of the order available in the High Court's website, at par with certified copy, subject to attestation by the concerned advocate, in the manner prescribed vide Court's Notice No.4587, dated 25th March, 2020, modified by Notice No.4798, dated 15th April, 2021, and Court's Office Order circulated vide Memo Nos. No.514 and 515 dated 7th January, 2022.

(Dr. S. Muralidhar) Chief Justice (R. K. Pattanaik) Judge S.K. Guin