WP(C)/4519/2021
2021 Latest Caselaw 1486 Ori

W.P.(C) No.4519 of 2021

02. 05.02.2021 1. This matter is taken up by video conferencing mode.

2. Heard Mr. Prabodha Ch. Nayak, learned counsel for the Petitioner as well as learned Additional Government Advocate for the State-Opposite Parties and perused the record.

3. 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.

4. 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.

5. 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 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.

6. With the aforesaid observations/directions the writ petition is disposed of.

7. As the restrictions due to the COVID-19 situation are continuing, learned counsel for the parties may utilize a soft copy of this order available in the High Court's website or print out thereof at par with certified copy in the manner prescribed, vide Court's Notice No.4587, dated 25th March, 2020.

                                          (Dr. S. Muralidhar)
                                            Chief Justice


P.K. Sahoo/
R.K. Mishra                                 (S.K. Sahoo)
                                                Judge