Disposed

Manmohan Sahoo v. State of Odisha

Orissa HC13 Dec 2023WP(C)/37716/2023

Case brief

AI extract

What is this about?

Petitioner filed a writ petition seeking refund of security deposit and interest deposited in 2007-08. Respondent corporation conceded the deposit was refunded on 12.12.2023. Court disposed case granting liberty to file representation for interest.

What did the court decide?

Writ Petition disposed with liberty to the petitioner to approach the concerned authority by way of representation to claim payment of interest on the refunded amount.

Manmohan Sahoo Vs State of Odisha — Orissa HC (2023) — LawSathi Research

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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W.P.(C) No.37716 of 2023

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Manmohan Sahoo

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…. Petitioner

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Mr. A.K. Biswal, Advocate

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-versus-

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State of Odisha & ors.

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…. Opposite Parties

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Mr. S.N. Pattnaik, AGA

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CORAM: JUSTICE SANJAY KUMAR MISHRA

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Order No. 02.

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ORDER 13.12.2023

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This matter is taken up through hybrid mode.

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The Petitioner, who was working as a Storage Agent under the Corporation, has preferred the present Writ Petition for inaction of the Opposite Party Nos. 2&3 Corporation to refund Rs.1,00,000/- deposited by the Petitioner in the year 2007-08 towards security deposit to operate as a Storage Agent. Accordingly, a prayer has been made to direct the Opposite Parties to refund the security deposit amount with applicable interest to the Petitioner within a stipulated period.

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When the matter got listed on 23.11.2023, the learned Counsel for the state was directed to take instruction in the said regard so that matter can be disposed of at the stage of admission.

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On being so instructed, Mr. Panigrahi , learned ASC, hands up photo copy of letter dated 12.12.2023 issued by CSO-cumDistrict Manager (O.P.No.3) addressed to the Office of the

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Page 1 of 3

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Advocate General, wherein it has been indicated that the security deposit has already been refunded to the Petitioner on the very same day. The content of the said letter is extracted below:-

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“ Hon’ble Sir,

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In obedience of WP(C) Case no.37716/2023 filed by Sri Manmohan Sahoovrs.-State of others, I am to bring to your kind notice that the Security Deposit for Rs.1,00,000/- (Rupees one lakh) only deposited by the petitioner Sri Manmohan Sahoo has already been refunded after maintaining due formalities on 12.12.2023.”

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A copy of the said communication being handed over to Mr. Biswal, learned Counsel for the Petitioner, Mr. Biswal submits, though the said communication indicates that the said amount has been refunded back to the Petitioner, but actually the money has not yet been refunded to his client as per the instruction received.

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Mr. Biswal submits, in view of such communication made by the Opposite Party No.3, he is hopeful that the said amount will be refunded to his client within a day or two.

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Mr. Biswal , drawing attention of this Court to the prayer made in the Writ Petition , submits, the prayer of the Petitioner is to direct the Opposite Parties not only to refund the security deposit amount of Rs.1,00,000/- deposited with the Corporation but also to pay applicable rate of interest for the interregnum period i.e. from the date it became due, till the date of actual payment/refund.

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Hence, Mr. Biswal prays that the Writ Petition be disposed giving the Petitioner liberty to approach to the concerned authority by way of a representation to pay interest on the refunded amount, as claimed in the Writ Petition.

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Page 2 of 3

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In view of such submission made by Mr. Biswal, learned Counsel for the Petitioner, the Writ Petition stands disposed of with liberty as prayed for.

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Urgent certified copy of this order be granter on proper application as per rules.

(S. K. MISHRA)

JUDGE

Banita

Signature Not Verified

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Digitally Signed Signed by: BANITA PRIYADARSHINI PALEI Designation: JR. STENOGRAPHER Reason: AUTENTICATION Location: HIGH COURT OF ORISSA, C UTT ACK Date: 14-Dec-2023 19:12:06

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Manmohan Sahoo v. State of Odisha

Case brief

What is this about?

What did the court decide?

Manmohan Sahoo v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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