Atanu Kumar Paul vs State Of Odisha And Ors
2021 Latest Caselaw 12200 Ori

               IN THE HIGH COURT OF ORISSA AT CUTTACK

                              W.P.(C) No.35613 of 2021


       Atanu Kumar Paul                             ......                Petitioner
                                                           Mr. P.K. Das, Advocate
                                        -versus-

       State of Odisha and Ors.              ......                   Opposite Parties
                                                           Mr. P.P. Mohanty, AGA

                                  CORAM:
                                  JUSTICE C.R. DASH
                                  JUSTICE S.K. PANIGRAHI
                                       ORDER

26.11.2021 Order No.

01. 1. This matter is taken up through hybrid mode.

2. Heard learned counsel for the petitioner as well as Mr. Mohanty, 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 01.09.2013. It is contended that enhancement of royalty has already been set aside by judgment and order of this Court dated 18.03.2015 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 the writ petition with the direction that in case the petitioner with regard to the grievance made in this petition files a detailed representation along with certified copy of this order annexing therewith the judgment of this Court dated 18.03.2015 passed in W.P.(C) No.11830 of 2013 and batch of cases, the same shall be considered and decided by the appropriate authority by passing a reasoned order in accordance with law, within a period of three months from the date of receipt of the certified copy of this order.

6. With the aforesaid observation, the writ petition is disposed of.

7. Urgent certified copy of this order be granted as per rules.

(C.R. Dash) Judge

(S.K. Panigrahi) Judge