Nilachakra Construction v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P (C) No. 15796 of 2017 Nilachakra Constructions, Bhubaneswar .....

Petitioner Dr. K. Tripathy, Adv.

Vs.

State of Odisha and others .....

Opposite parties Mr. T. Pattnaik, ASC

CORAM:

DR. JUSTICE B.R. SARANGI MISS JUSTICE SAVITRI RATHO

ORDER

16.05.2022 Order No.

04.

This matter is taken up through hybrid mode.

2.

Heard Dr. K. Tripathy, learned counsel for the petitioner and Mr. T. Pattnaik, learned Additional Standing Counsel. 3.

Petitioner in this writ petition seeks for a direction to the Opposite Parties for release/refund of excess royalty deducted from his bill pursuant to the agreement executed between the parties.

4.

Learned counsel for the petitioner submits that the present writ petition is covered as per the decision of this Court passed in W.P.(C) No.11830 of 2013 on 18th March 2015 in the case of Akuli Charan Das v. State of Orissa and others and batch of cases, 2006 (Supp.-II) OLR 672 and, as such, the present writ petition may be disposed of in terms of the said order.

5.

Learned Additional Standing Counsel for the StateOpposite Parties does not oppose to the same. 6.

In view of the above, the writ petition is disposed of in terms of the order dated 18th March 2015 passed in W.P.(C) No.11830 of 2013 and accordingly, we direct that in the event

the Petitioner, with regard to the grievance made in this petition, files a comprehensive representation before appropriate authority attaching running account bills along with copy of this order annexing therewith the judgment of this Court dated 18th March 2015 passed in W.P.(C) No.11830 of 2013 and batch of cases and the decision in the case Akuli Charan Das (supra) within four weeks hence, the same shall be considered and decided by the authority concerned by a reasoned and speaking order as expeditiously as possible preferably within a period of four months from the date of filing of such representation.

7.

It is further directed that in case the Petitioner is found to be entitled for refund of any amount, the same shall be refunded to the Petitioner within six weeks from the date of passing of the order or adjust the refundable amount against any ongoing/completed projects that they may be undertaking if the Petitioner may opt for.

Issue urgent certified copy as per rules.

(DR. B.R. SARANGI) JUDGE (SAVITRI RATHO) JUDGE Alok/Puspa