Orissa High Court
M/S. Satyasai Construction vs State Of Orissa &Ors on 13 July, 2021
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P. (C) No.16066 of 2021
M/s. Satyasai Construction, .... Petitioner
represented by Sushanta Ku. Parida
Mr. Kishore Kumar Jena, Advocate
-versus-
State of Orissa &Ors. .... Opposite Parties
Mr. T. Patnaik, A.S.C.
CORAM:
JUSTICE S.K. MISHRA
JUSTICE SAVITRI RATHO
ORDER
13.07.2021
Order No.
02. 1. This matter is taken up through video conferencing
mode.
2. Heard learned counsel appearing for the Petitioner and
learned Additional Standing Counsel for the State.
3. In this writ petition, the petitioner has prayed to direct
the Opposite Parties to refund the royalty under Annexue-5
within a stipulated period.
4. This is the second journey of the Petitioner to this
Court. His earlier application bearing W.P.(C) No.11305 of
2018 was rejected by a Division Bench presided by the then
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Chief Justice on 05.02.2019. The Division Bench has directed
that in the event the Petitioner, with regard to the grievance
made in that writ petition, files comprehensive representation
attaching running account bills along with certified copy of that
order and the judgment of this Court dated 18.03.2015 passed
in W.P.(C) No.11830 of 2013, the ratio decided in Akuli
Charan Das within four weeks from that date, the same shall
be considered and decided by a speaking and reasoned order as
expeditiously as possible, preferably within a period of four
months from the date of filing of such representation. The
Division Bench 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 or adjust the refundable amount and going projects
that they may be undertaking if the Petitioner may opt for. In
pursuance to such direction the Collector, Jajpur has considered
and disposed of the same on 22.01.2021. The Collector, Jajpur
reported to the Addl. Secretary, Government of Revenue and
Disaster Management Department, Bhubaneswar as per letter
No.1382, dated 22.01.2021 observing that the Tahasildar,
Binjharpur has also reported vide letter No.111 dated
10.01.2020 that the royalty deposited by the Senior Project
Manager, Odisha Bridge Construction Corporation Limited has
been deposited to the Govt. exchequer in shape of treasury
challan and refund of differential royalty is not possible at her
level. Copy of the letter No.111 dated 10.01.2020 of the
Tahasildar, Binjharpur along with the copy of treasury challan
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and statement of deduction and deposit of royalty and royalty
deduction certificate furnished by the Senior Project Manager,
Odisha Bridge Construction Corporation Limited were
enclosed to that letter.
5. In this matter, the Addl. Secretary, Government of
Revenue and Disaster Management Department, Bhubaneswar
has not taken any decision. Let the Addl. Secretary to
Government, Revenue and Disaster Management Department,
Opposite Party No.2 take a decision in this matter within a
period of three months from the date of production of certified
copy of this order along with copy of the brief, after affording
reasonable opportunity of hearing to the Petitioner, by a
speaking and reasoned order.
6. The learned counsel for the Petitioner undertakes to
produce the certified copy of this order along with a copy of the
brief before the Addl. Secretary to Government, Revenue and
Disaster Management Department, Bhubaneswar, Opposite
Party No.2 within a period of twenty-one days hence.
7. The writ petition is disposed of.
8. As the restrictions due to resurgence of COVID-19
situation are continuing, learned counsel for the parties may
utilize a printout of the order available in the High Court's
website, at par with certified copy, subject to attestation by the
concerned advocate, in the manner prescribed vide Court's
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Notice No.4587, dated 25th March, 2020 as modified by Court's
Notice No.4798, dated 15th April, 2021.
(S.K. Mishra)
Judge
(Savitri Ratho)
Judge
T.TUDU
