Disposed

Basanta Kumar Mishra v. State of Orissa

Orissa HC8 Mar 2022WP(C)/1071/2018

Case brief

AI extract

What is this about?

This Court disposed of the writ petition directing the opposite parties to refund the deducted enhanced royalty with interest if the petitioner represents the grievance within four weeks attaching relevant bills and precedents. The authority must decide by a reasoned order within four months and refund or adjust the amount within six weeks if entitlement is found.

What did the court decide?

Direction to pay enhanced royalty with interest if the petitioner files the required representation within four weeks.

Basanta Kumar Mishra Vs State of Orissa — Public Procurement and Tenders | Orissa HC (2022)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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W.P (C) No.1071 of 2018

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Basanta Kumar Mishra

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….. Petitioner

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Mr. S.K.Sanganeria, Advocate

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Vs.

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State of Odisha and others

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….. Opposite parties

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State Counsel

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CORAM:

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DR. JUSTICE B.R. SARANGI MISS JUSTICE SAVITRI RATHO

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ORDER

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08.03.2022

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Order No. This matter is taken up through hybrid mode. 03.

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Heard Mr. S.K.Sanganeria, learned counsel for the petitioner

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and learned counsel for the State .

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Petitioner in this writ petition seeks direction to the opposite parties to refund the deducted enhanced royalty deducted from its bill in respect of Agreement No.11 PMGSY of 2016-17 (Annexure-1 series) 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 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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Learned Additional government Advocate does not oppose to the same.

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In view of the above, the writ petition is disposed of in

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terms of the order dated 18.3.2015 passed in W.P.(C) 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 18.03.2015 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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7 . 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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Issue urgent certified copy as per rules.

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(DR. B.R. SARANGI) JUDGE

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(SAVITRI RATHO) JUDGE

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Arun/Bichi

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Basanta Kumar Mishra v. State of Orissa

Case brief

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Basanta Kumar Mishra v. State of Orissa

Case brief

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