M/S Rkd Jyoti (Jv) vs State Of Odisha & Others
2021 Latest Caselaw 6540 Ori

                  IN THE HIGH COURT OF ORISSA AT CUTTACK

                                W.P.(C ) No.16953 of 2021

               M/s RKD Jyoti (JV)                    ....              Petitioner
                                     Mr.Prabodha Chandra Nayak, Advocate
                                         -versus-
               State of Odisha & Others              ....      Opposite Parties

                                                    Smt. Suman Pattanayak,
                                           Additional Government Advocate.
                          CORAM:
                          THE CHIEF JUSTICE
                          JUSTICE S.K. PANIGRAHI

                                      ORDER

Order No. 24.06.2021

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

2. Heard Mr. Prabodha Chandra 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.

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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 Deputy Chief Engineer (Con- II) along with 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 hence, the same shall be considered and decided by a reasoned and speaking order as expeditiously as possible, preferably 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 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 Notice No.4587, dated 25th March, 2020 as modified by Court's Notice No.4798, dated 15th April, 2021.

(Dr. S. Muralidhar) Chief Justice

(S.K. Panigrahi) Judge Sangita Patra/Lingaraj Behera