Disposed

Himansu Sekhar Mohanty v. State of Odisha

Orissa HC5 Oct 2020WP(C)/16378/2020

Case brief

AI extract

What is this about?

This court disposed of the writ petition by directing the respondent authority to consider a comprehensive representation by the petitioner, including relevant bills and cited judgments, within four weeks. The authority must decide via a reasoned order within four months. If any refund is due, it must be paid within six weeks or adjusted against ongoing projects.

What did the court decide?

Direction to respondent authority to consider petitioner's representation with annexed beds and judgments within four weeks and decide within four months by reasoned order; refund of any due amount wi

Himansu Sekhar Mohanty Vs State of Odisha — Contract and Commercial Disputes | Orissa HC (2020)

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W.P.(C) No.16378 of 2020

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HON’BLE THE CHIEF JUSTICE MR. MOHAMMAD RAFIQ HON’BLE DR. JUSTICE B.R. SARANGI

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05.10.2020

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Mr. T. Sahoo : For the Petitioner Advocate

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Mr. P.K. Muduli, : For Opp. Parties Addl. Govt. Advocate (State)

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ORDER

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Heard learned counsel for the parties by Video Conferencing mode.

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2. Petitioner in this writ petition seeks for a direction to opposite parties for release/refund of royalty excess deducted from the 1^st R.A. Bills to final R.A. Bills in respect of Agreement No.01 (PMGSY) of 2016-17 towards royalty as per statement of claim submitted under Annexure-3 series along with accrued interest thereof within a stipulated period.

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3. Learned counsel for the petitioner submits that the present writ petition is covered as per the decision of this Court passed in W.P.(C) No. 11830 of 2013 on 18.3.2015 and the case of Akuli Charan Das v. State of Orissa and others and batch of cases , 2006 (Supp.-II) OLR 672 and as such, the present writ petition may be disposed of in terms of the said order.

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4. Mr. P.K. Muduli, learned Additional Government Advocate for the State-opposite parties does not oppose to the same.

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5. In view of the above, the writ petition is disposed of in terms of the order dated 18.3.2015 passed in W.P.(C) No. 11830

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of 2013 and accordingly, we direct that in the event the petitioner, with regard to the grievance made in this petition, files a comprehensive representation before appropriate authority attaching running account bills along with copy of this order annexing therewith the judgment of this Court dated 18.03.2015 passed in W.P.(C) No.11830 of 2013 and batch of cases and the decision in the case Akuli Charan Das (supra) within four weeks hence, the same shall be considered and decided by the authority concerned by a reasoned and speaking order as expeditiously as possible preferably within a period of four months from the date of filing of such representation.

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6. It is further directed that in case the petitioner is found to be entitled for refund of any amount, the same shall be refunded to the petitioner within six weeks from the date of passing of the order or adjust the refundable amount against any ongoing/completed projects that they may be undertaking if the petitioner may opt for.

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As Lock-down period is continuing for COVID-19, learned counsel for the parties may utilize the soft copy of this order available in the High Court’s website or print out thereof at par with certified copies in the manner prescribed, vide Court’s Notice No.4587, dated 25.03.2020.

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(Dr. B.R. Sarangi) (Mohammad Rafiq) Judge Chief Justice

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Himansu Sekhar Mohanty v. State of Odisha

Case brief

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Himansu Sekhar Mohanty v. State of Odisha

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