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Orissa High CourtWP(C)/13561/2022disposed off

Jali Mohapatra v. Bmc, Bbsr

2022-06-02Mr. Justice S.K.Sahoo,Mr. Justice Biraja Prasanna Satapathy3 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.13561 of 2022 Jali Mohapatra ....

Petitioner Mr. P.K. Rath, Advocate -versus- ....

Opp. Parties Bhubaneswar Municipal Corporation and others None

CORAM:

JUSTICE S.K. SAHOO JUSTICE BIRAJA PRASANNA SATAPATHY Order No.

ORDER

02.06.2022 01.

This matter is taken up through Hybrid arrangement (video conferencing/physical mode). Learned counsel for the petitioner submits that he may be permitted to mention the name of opposite party no.2 correctly in the cause title in the writ petition.

Permission is granted.

Heard learned counsel for the petitioner.

This Writ Petition has been filed by the petitioner with a prayer to quash the tender notice issued on 26.04.2022 under Annexure-1 and subsequent tender process.

Learned counsel for the petitioner submitted that

// 2 // the petitioner was handed over possession of Package No.6 on 10.03.2021 up to 09.03.2022 for its operation and due to non-operation of business on account of COVID-19 Pandemic crisis, the opposite parties though directed full exemption of parking fees in respect of other agencies but so far as the petitioner is concerned, no such step has been taken and the petitioner has prayed that the proportionate amount for non-operational period to be refunded to him.

Learned counsel further submitted that the petitioner earlier approached this Court in W.P.(C) No.7230 of which was disposed of on 05.04.2022 wherein it was directed that the opposite parties nos.1 and 2 shall dispose of the representation of the petitioner within a stipulated period. It is submitted by Mr. Rath that in pursuance of the order of this Court, Annexure-12, a representation has been filed by the petitioner before the Deputy Commissioner (Revenue) (opposite party no.2) on 11.04.2022 but till date, the same has not yet been considered and as such direction for disposal of the representation may be issued to the concerned authority after giving an opportunity of hearing to the petitioner.

In view of the limited nature of grievance of the petitioner in the writ petition, we dispose of the writ

// 3 // petition directing the opposite party no.2- The Deputy Commissioner (Revenue) to dispose of the representation of the petitioner under Annexure-12 within a period of four weeks from today after giving an opportunity of hearing to the petitioner.

The opposite party no.2 shall act upon the certified copy of the order produced before him with the copy of the writ petition.

Urgent certified copy of this order be granted on proper application.

(S.K. Sahoo) Vacation Judge (Biraja Prasanna Satapathy) Vacation Judge I.A. No.7164 of 2022 02.

In view of the order passed today in W.P.(C) No.13561 of 2022, this I.A. is also disposed of. (S.K. Sahoo) Vacation Judge (Biraja Prasanna Satapathy) Vacation Judge RKM