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Basanta Kumar Mishra v. State of Odisha and Ors.

Orissa HC26 Mar 2021WP(C)/3769/2018

Case brief

AI extract

What is this about?

The High Court of Orissa disposed of a writ petition seeking refund of excess royalty. Directing the petitioner to file a representation with supporting bills and precedents, the Court ordered the appropriate authority to decide the matter within four months and directed refund or adjustment within six weeks if eligible.

What did the court decide?

Directed appropriate authority to decide representation within four months; refund or adjustment of excess royalty within six weeks if entitled.

Basanta Kumar Mishra Vs State of Odisha and Ors. — Company and Corporate | Orissa HC (2021)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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W.P.(C) No.3769 of 2018

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Sri Basant Kumar Mishra

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…. Petitioner Mr. S.K. Sangneria, Advocate

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-versus-

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State of Odisha and others

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…. Opposite Parties Mr. D. Mohanty, A.G.A.

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CORAM: THE CHIEF JUSTICE JUSTICE B. P. ROUTRAY

ORDER

26.03.2021

Order No.

The Petitioner in this writ petition seeks for a direction to Opposite Parties for release/refund of excess royalty deducted from its bill in respect of Agreement No.242-P1-2016-17 (Annexure-1) along with accrued interest thereon within a stipulated period.

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Learned counsel for the Petitioner submits that the present writ petition is covered as per the decision of this Court passed in Writ Petition (Civil) No.11830 of 2013 on 18^th March, 2015 and the case of Akuli Charan Das v. State of Orissa 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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Mr. D. Mohanty, learned Additional Government Advocate for the State-Opposite Parties does not oppose to the same.

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Page 1 of 2

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In view of the above, the writ petition is disposed of in terms of the order dated 18^th March, 2015 passed in Writ Petition (Civil) No.11830 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 the appropriate authority attaching running account bills along with copy of this order annexing therewith the judgment of this Court dated 18^th March, 2015 passed in Writ Petition (Civil) No.11830 of 2013 and batch of cases and the decision in 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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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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An urgent certified copy of this order be issued as per rules.

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(Dr. S. Muralidhar)

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Chief Justice

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( B.P. Routray) Judge

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C.R. Biswal/ B.K. Barik

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Page 2 of 2

Basanta Kumar Mishra v. State of Odisha and Ors.

Case brief

What is this about?

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Basanta Kumar Mishra v. State of Odisha and Ors.

Case brief

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