Disposed

Ulash Chandra Biswal v. State of Orissa and Others

Orissa HC18 Dec 2018WP(C)/20719/2018

Case brief

AI extract

What is this about?

The Court disposed of this writ petition on the consent of counsel. It directed the opposite party authority to consider the petitioner's representation regarding the refund of excess deducted royalty along with the relevant court judgment within six weeks.

What did the court decide?

Directed the opposite party authority to consider the petitioner's representation on excess royalty deduction and refund within six weeks and decide by a reasoned order.

Ulash Chandra Biswal Vs State of Orissa and Others — Orissa HC (2018) — LawSathi Research

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W.P.(C) No. 20719 of 2018

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18.12.2018 Heard learned counsel for the petitioner and Learned Addl. Government Advocate for the State-opposite parties.

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Though this matter has been listed for the first time

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and no counter has been filed, considering the limited nature of prayer made by the learned counsel for the petitioner, this petition is being disposed of at the stage of admission on the consent of learned counsel for the parties.

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By way of this writ petition, petitioner has alleged deduction of excess royalty amount by the authorities from the bills of the petitioner for the work in question.

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The case of the petitioner in brief is that he is a contractor and carried out some construction work for which he has been paid the amount after deduction of royalty. It is contended by the learned counsel for the petitioner that deduction of such royalty at the rate, which he has been deducted, has been declared to be illegal by the judgment of this Court dated 18.03.2015 passed in W.P.(C) No. 11830 of 2013 and other connected writ petitions. It is contended that the petitioner would also be entitled to the benefit of the said judgment.

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Considering the facts and circumstances of the case,

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without entering into the merit of the claim of the petitioner,

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we dispose of this petition directing that in case the petitioner files a comprehensive representation before the opposite partyauthority ventilating the grievances as raised in this petition, along with a certified copy of this order and annexing the judgment of this Court dated 18.03.2015 referred to above, the same shall be considered and decided in accordance with law by a reasoned and speaking order as expeditiously as possible preferably within a period of six seeks from the date of filing such representation. It is further directed that in case the petitioner is entitled to refund of any amount, the same shall be made within a period of four months of such decision.

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With the aforesaid observation and directions the writ petition stands disposed of.

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Misc. Cases, if any, connected to this writ petition

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also disposed of in view of disposal of the present petition.

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Issue urgent certified copy of this order as per Rules

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.…….......……………… ( K.S. Jhaveri ) Chief Justice

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…………………..……… ( Biswanath Rath) Judge

Ulash Chandra Biswal v. State of Orissa and Others

Case brief

What is this about?

What did the court decide?

Ulash Chandra Biswal v. State of Orissa and Others

Case brief

What is this about?

What did the court decide?

What the court decided

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