Allowed

Sanghamitra Mohanty v. State of Orissa

Orissa HC20 Sept 2016WP(C)/10908/2016

Case brief

AI extract

What is this about?

The court allowed a writ petition seeking adjustment of excess beer quantity and refund of duty. The decision relied on a State Government communication dated 13.01.2016, which framed a policy following earlier court orders and departmental advice to adjust surpluses against shortfalls and recompute refundable amounts.

What did the court decide?

Allowed the writ application and directed that all computations and demands be made in pursuance of the State Government's direction dated 13.01.2016.

Sanghamitra Mohanty Vs State of Orissa — Writ and Judicial Review | Orissa HC (2016)

¶1

W.P.(C) No.10908 of 2016
20.09.2016

¶2

 Heard learned counsel for the petitioner and Mr. Sahoo, learned Addl. Government Advoc
ate.

¶3

 In this case, the petitioner has prayed for a direction to opp. parties 3 and 4 to adj
ust excess quantity of beer lifted towards shortfall quantity of beer in subsequent months dur
ing 2013-14. He has also prayed for a direction to opp. parties 3 and 4 to refund/adjust the d
uty amount of Rs.2,13,135/- collected through challans on the alleged shortfall of MGQ 8523.32
0 BL of beer.

¶4

 In course of hearing, learned Addl. Government Advocate draws our attention to a commu
nication No.7816/Ex., dated 13.01.2016 issued by the Government of Odisha in Excise Department
 to the following effect:
 Sir,

¶5

 I am directed to inform you that in obedience to the orders of Honble High Cou
rt dated 10.04.2015 in W.P. (C) No.5012 of 2015 and other similar cases and basing on the advi
ce of the Advocate General, Odisha, Cuttack and opinion of Finance Department and Law Departme
nt, Government have been pleased to frame the following policy decision.

¶6

 i. The excess quantity of MGQ drawn in previous months be adjusted against short drawn
 MGQ in subsequent months.

¶7

 ii. The excess quantity lifted in the entire year be adjusted in the MGQ keeping in vi
ew the total MGQ fixed for the Excise year.

¶8

 iii. Re-compute the calculation and refund/adjust the amount, refundable, if any, acco
rdingly.

¶9

 You are authorized to consult the Advocate General and apprise the Honble Cour
t regarding the above decision of the Government.

¶10

 Learned counsel for the petitioner submits that a number of writ applications with sim
ilar prayer have been filed before this Court in W.P.(C) No.17242 of 2015 and W.P. (C) No.835
of 2016 have been disposed of on 1.12.2015 and 27.1.2016 respectively.

¶11

 In view of the order passed by the Principal Secretary to Government of Odisha as note
d hereinabove, this writ application is allowed. All computation and demand be

¶12

made in pursuance with the direction issued by the State Government in its communication dated
 13.01.2016.

¶13

 Free copy of this order be handed over to learned counsel for the State.
 Urgent certified copy of this order be granted on proper application.

¶14

.. I.Mahanty, J.

¶15

 ..
 Biswajit Mohanty, J.

Sanghamitra Mohanty v. State of Orissa

Case brief

What is this about?

What did the court decide?

Sanghamitra Mohanty v. State of Orissa

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

L.Sanjukta Sahu Vs State of Orissa

M/S.Puspanjali Enterprises,Bbsr Vs Regional Manager,Bank of India,Bbsr

M/S.Tsm Carrier Vs a.O.,Allahabad Bank

M/S.Venus Plastics Vs Sales Tax Officer

M/S.Birat Chandra Dagara,Mayurbhanj Vs State of Orissa

Minaketan Naik Vs State of Odisha