M/S. Orient Construction Pvt. Ltd vs State Of Odisha And Ors
2022 Latest Caselaw 1204 Ori

              IN THE HIGH COURT OF ORISSA AT CUTTACK

                             W.P.(C) No.32202 of 2021
            M/s. Orient Construction Pvt. Ltd. ....             Petitioner
                                            Mr. P.C. Nayak, Adv.
                                     -versus-
            State of Odisha and Ors.            ....         Opp. Parties
                                                Mr. P.P. Mohanty, AGA.
                     CORAM:
                     DR. JUSTICE B.R. SARANGI
                     MR. JUSTICE S.K. PANIGRAHI
                                  ORDER

Order No. 10.02.2022

06. 1. This matter is taken up through hybrid arrangement.

2. Heard Mr. P.C. Nayak, learned counsel for the petitioner and Mr. P.P. Mohanty, learned Additional Government Advocate for the State.

3. This writ petition has been filed seeking direction to the opposite party nos.1 and 2 to make approval of incentive dues as per the recommendation of the opposite party nos.3 and 4 under Annexures-6 and 7 and release the same in favour of the petitioner.

4. Mr. P.C. Nayak, learned counsel for the petitioner submits that since the petitioner has claimed for incentive/bonus for early completion of the work, the case of the petitioner is squarely covered by the judgment of this Court passed in the case of Prafulla Kumar Pradhan -vrs.- State of Odisha and Ors.: reported in 2017 (I) ILR-Cuttack-381, which has not been disputed by Mr. P.P. Mohanty, learned Additional Government Advocate for the State.

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5. In that view of the matter, the opposite party nos.1 and 2 are directed to approve/ release the incentive dues in favour of the petitioner in terms of the judgment of this Court passed in the case of Prafulla Kumar Pradhan (supra) and also the document under Annexure-7 to the writ petition, as early as possible, preferably within a period of six weeks of receipt/ communication of this order.

6. Accordingly, this writ petition is disposed of.

7. Urgent certified copy of this order be granted on proper application.

(Dr. B.R. Sarangi) Judge

( S.K. Panigrahi) Judge

BJ