M/S.Misrilall Mines Pvt. Ltd., Kolkata v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P (C) No. 33347 of 2022 M/s. Misrilall Mines Pvt., Ltd., Kolkata & Another .....

Petitioners Mr. B.K.Parida- 2, Advocate Vs.

State of Odisha & Others .....

Opposite Parties State Counsel

CORAM:

DR. JUSTICE B.R. SARANGI MR. JUSTICE BIRAJA PRASANNA SATAPATHY

ORDER

08.12.2022 Order No.

01.

This matter is taken up through hybrid mode.

2.

Heard.

3.

The present Writ Petition has been filed with the following prayer:- " In the aforesaid facts and circumstances, it is therefore prayed that your Lordships be graciously pleased to allow the present writ application and issue necessary order/orders, direction/directions, writ/writs in the nature of mandamus or other writ directing the Opposite Parties to refund a sum of Rs.7,58,35,834/- as excess royalty, Rs.2,29,85,686/- as excess DMF and Rs.15,32,459/- as excess NMET, which were paid by the Petitioner No.1 Company in course of valid lease period and further direct to pay interest at commercial rate to the Petitioner No.1 Company from 31.10.2020".

4.

In course of hearing, learned counsel for the Petitioner states that highlighting his grievances, the Petitioner has made a representation to Opposite Party No.1 vide Annexure-7 and the same may be directed to be considered within a stipulated time, to which learned Counsel for the State has no objection.

5.

As agreed by learned counsel for the parties and after going through the records, this Court, without expressing any opinion on the merits of the case, disposes of the Writ Petition directing Opposite Party No.1 to consider the representation filed by the petitioner vide Annexure-7, and pass appropriate order in accordance with law within a period of four weeks from the date of production of certified copy of this order. Issue urgent certified copy as per Rules.

Subrat (DR. B.R. SARANGI) JUDGE (B. P. SATAPATHY) JUDGE