Sri Deepak Kumar Jain vs State Of Odisha And Others
2021 Latest Caselaw 13048 Ori

                IN THE HIGH COURT OF ORISSA AT CUTTACK

                              W.P.(C) No.14916 of 2018

             Sri Deepak Kumar Jain                    ....            Petitioner
                                                     Mr. P.C. Nayak, Advocate
                                          -versus-
             State of Odisha and others             ....    Opposite Parties
                                              Ms. Suman Pattanayak, A.G.A.
                          CORAM:
                          THE CHIEF JUSTICE
                          JUSTICE A.K. MOHAPATRA

                                        ORDER

24.12.2021 Order No.

02. 1. The grievance of the Petitioner is that the Petitioner has paid certain additional royalty, which was enhanced with effect from 15th December, 2016. It is contended that enhancement of royalty has already been set aside by judgment and order dated 18th March 2015, passed in W.P.(C) No.11830 of 2013 and batch of cases. Learned counsel for the Petitioner states that the Petitioner would be entitled to the benefit of the said judgment. It is contended that despite the Petitioner having made several representations for refund of the royalty amount deducted from the bills of the Petitioner, the same has not been refunded to the Petitioner.

2. In view of the facts and circumstances of the case, we are of the opinion that no useful purpose would be served by calling for the counter affidavit and keeping the writ petition pending.

// 2 //

3. With the consent of the parties, we dispose of this writ petition with the direction that in case the Petitioner with regard to the grievance made in this petition files a comprehensive representation before the concerned Executive Engineer along with certified copy of this order annexing therewith the judgment of this Court dated 18th March 2015, passed in W.P.(C) No.11830 of 2013 and batch of cases within four weeks, the same shall be considered and decided by a reasoned and speaking order as expeditiously as possible, preferably within a period of six weeks from the date of filing of such representation. 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 him within three weeks from the date of passing of the order.

4. The writ petition is disposed of in the above terms.

5. An urgent certified copy of this order be issued as per rules.

(Dr. S. Muralidhar) Chief Justice

( A.K. Mohapatra ) Judge S.K. Guin