Gopal v. State

OJC No. 10314 of 1996
03.08.2016 Heard learned counsel for the parties.
2. Learned counsel for the petitioner states that this matter can be disposed of in terms
 of the order dated 30.08.2007 passed by this Court in OJC Nos. 10312 and 10313 of 1996. The r
ecord in OJC No. 10312 of 1996 was called for. It appears that by order dated 30.08.2007 the s
aid writ application was disposed of vide detailed order passed in OJC No. 1979 of 1996. Conse
quently, the record in OJC No. 1979 of 1996 disposed of on 30.08.2007 was called for. Perused
the order dated 30.08.2007 passed in OJC No. 1979 of 1996 along with other connected matters i
ncluding OJC No. 10312 of 1996 and 10313 of 1996, wherein similar question was involved, meani
ng thereby, the petitioner in each of the writ petitions including this writ petitioner has ch
allenged the amendment Rules 4, 6 and 9 of Appendix-XIII of P.W.D. Code Vol. II- P.W.D. Contra
ctors Registration Rules, 1967, by which the Government of Orissa in Works Department has enh
anced the Registration Fees of the Contractors to different categories i.e. Super Class, Speci
al Class, A Class, B Class, C Class and D Class and the renewal fees as well as security depos
it has also been enhanced.
3. Considering the facts and circumstances of the cases, a Division Bench of this Court d
isposed of those batch of writ petitions by order dated 30.08.2007, the operative part of whic
h runs as follows:
In view of the above mentioned facts and circumstances, it is directed that no enhanced regist
ration fee shall be required from the contractors who were already registered prior to the enf
orcement of the amended rules, i.e. 27.12.1995. Further, in case of contractors whose registra
tion certificate has already been renewed before 27.12.1995, they shall not be required to dep
osit the enhanced renewal fees. However, in case renewal has been made after 27.12.1995, the e
nhanced fees would be required to be deposited. With regard to security deposit, we do not fin
d any illegality in enhancing the same, as discussed above. Therefore, those contractors, who
were already registered on or after 27.12.1995, either original or by way of renewal, they wou
ld be required to deposit the enhanced security amount.

4. Since the present writ petition is similar in nature and squarely covered by the said
order, the same is disposed of in terms of the order dated 30.08.2007 passed in OJC No. 1979 o
f 1996 and batch.

GDS