Disposed

Chhabindra Kumar Pradhan v. State of Odisha

Orissa HC22 Feb 2022WP(C)/37584/2020

Case brief

AI extract

What is this about?

In a writ petition seeking a refund of excess royalty deducted by the State, the High Court disposed of the matter by directing the petitioner to file a comprehensive representation before the appropriate authority within four weeks. The authority was directed to decide the matter by a reasoned order within four months, ensuring refund or adjustment within six weeks thereafter.

What did the court decide?

Petitioner directed to file comprehensive representation; authority to consider and decide within four months and refund/adjust within six weeks.

Chhabindra Kumar Pradhan Vs State of Odisha — 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. 37584 of 2020

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Chhabindra Kumar Pradhan

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Petitioner

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Mr. Indramani Sahoo, Adv.

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Vs.

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State of Odisha and others

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Opposite parties State Counsel

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CORAM:

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DR. JUSTICE B.R. SARANGI

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MR. JUSTICE V. NARASINGH

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ORDER

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22.02.2022

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

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Heard Mr. Indramani Sahoo, learned counsel for the Petitioner and Mr. T.K. Pattanayak, learned Additional Government Advocate for the State-Opposite Parties.

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Petitioner in this writ petition seeks for a direction to the Opposite Parties for release/refund of excess royalty deducted from his bill in respect of Agreement No.20/ PMGSY-XII of 2012-13 (Annexure-2) 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 18th March 2015 in 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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Mr. T.K. Pattanayak, learned Additional Government Advocate for the State-Opposite Parties 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 18th March 2015 passed in W.P.(C) No.11830 of 2013 and accordingly, we direct that in the event the

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Page 1 of 2

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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^th March 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 refundable amount against any ongoing/completed projects that they may be undertaking if the Petitioner may opt for.

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Ashok

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Issue urgent certified copy as per rules.
(DR. B.R. SARANGI)
JUDGE
(V. NARASINGH)
JUDGE

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Chhabindra Kumar Pradhan v. State of Odisha

Case brief

What is this about?

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Chhabindra Kumar Pradhan v. State of Odisha

Case brief

What is this about?

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