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Niranjan Padhi v. State of Odisha

Orissa HC13 Dec 2022WP(C)/30036/2022

Case brief

AI extract

What is this about?

Court disposed of writ petition seeking refund of deducted enhanced royalty. It directed the authority to consider a comprehensive representation within four weeks and refund the amount or adjust it within six weeks if entitled.

What did the court decide?

Petitioner directed to file representation; authority to decide within four months; refund of amount or adjustment within six weeks if entitled.

Niranjan Padhi Vs State of Odisha — Constitutional and Fundamental Rights | Orissa HC (2022)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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W.P (C) No.30036 of 2022

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Niranjan Padhi

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Petitioner

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Mr. A. Pattnaik, Advocate

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Vs.

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State of Odisha & Others

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….. Opposite Parties

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Mr. P.P. Mohanty, A.G.A

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CORAM:

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DR. JUSTICE B.R. SARANGI

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MR. JUSTICE BIRAJA PRASANNA SATAPATHY

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ORDER 13.12.2022

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

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Order

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Heard Mr. A. Pattnaik, learned counsel for the petitioner and Mr. P.P.

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Mohanty, learned Additional Government Advocate.

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Petitioner in this writ petition seeks direction to the opposite parties to refund the deducted enhanced royalty within a stipulated period for the work vide Agreement No.04/SBD/2014-15 in terms of the order dated 18.03.2015 passed in W.P.(C) No.11830 of 2013.

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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 terms of the order dated 18.3.2015 passed in W.P.(C) No. 11830 of 2013 and accordingly, we direct

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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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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 3 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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Sangita

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(DR. B.R. SARANGI)
JUDGE
(B. P. SATAPATHY)
JUDGE

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Niranjan Padhi v. State of Odisha

Case brief

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Niranjan Padhi v. State of Odisha

Case brief

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