Brilliant Infraprojects Pvt. Ltd vs State Of Odisha And Others
2023 Latest Caselaw 10095 Ori

               IN THE HIGH COURT OF ORISSA AT CUTTACK
                              W.P.(C) No. 27446 of 2023

Brilliant Infraprojects Pvt. Ltd.,     .....                                    Petitioner
Bolangir
                                                                Mr. J. Sahoo, Advocate
                                       Vs.
State of Odisha and others             .....                              Opposite Parties
                                                                    Mr. T. Pattnaik, ASC
              CORAM:
                  DR. JUSTICE B.R. SARANGI
                     MR. JUSTICE MURAHARI SRI RAMAN

                                              ORDER

25.08.2023

Order No. This matter is taken up through hybrid mode.

01.

2. Heard Mr. J. Sahoo, learned counsel for the petitioner and Mr. T. Pattnaik, learned Addl. Standing Counsel appearing for the State- Opposite Parties.

3. The petitioner has filed this writ petition seeking to quash the order dated 21.12.2021 under Annexure-3 to the extent of levy of penalty and non-grant price escalation to the petitioner's company.

4. Mr. J. Sahoo, learned counsel for the petitioner contended that so far of levy of penalty is concerned, this question has already been considered by this Court in the case of Sanjay Kumar Agrawal v. State of Odisha and others (W.P.(C) No. 31151 of 2022 disposed of on 24.11.2022. It is further contended that on similar issue one Radheshyam Agrawal had also approached this Court by filing W.P.(C) No. 14922 of 2019, which was allowed by this Court. Against the order passed by this Court, the State Government preferred Civil Appeal No. 4934 of 2022. The apex Court upheld the order passed by this Court in State of Odisha and others v. Radheshyam Agrawal, 2023 SCC OnLine 331. Therefore, the claim of penalty @ 0.10 % on the value of work done beyond the stipulated period of completion cannot be sustained and as such, this writ

petition may be disposed of in terms of the aforesaid orders and the petitioner is entitled to get the same relief, as has been granted in the cases of Sanjay Kumar Agrawal and Radheshyam Agrawal (supra), to which Mr. P.P. Mohanty, learned Addl. Government Advocate appearing for the State-opposite parties has raised no objection.

5. So far as grant of price escalation is concerned, Mr. Sahoo, learned counsel for the petitioner contended that this claim is also covered by the decision of this Court in the case of Raghunath Sahu v. State of Odisha and others, 2022 SCC OnLine Ori 394:AIR 2022 Ori 37 and, as such, the petitioner is entitled to get the benefit of price escalation.

6. Mr. T. Pattnaik, learned Addl. Standing Counsel appearing for the State-Opposite Parties contended that so far as price escalation is concerned, it is open to the petitioner to approach the authority concerned for grant of such benefit, which shall be decided keeping in view the ratio decided in the case of Raghunath Sahu (supra).

7. Having heard learned counsel for the parties and after going through the record, since the question of penalty has already been reached its finality by the judgment rendered by the apex Court in the case of Radheshyam Agrawal (supra), therefore, the levy of penalty @ 0.10% as has been done in this case, cannot be sustained and the same is hereby quashed. But so far as price escalation is concerned, it is open to the petitioner to pursue his remedy before the authority concerned.

8. With that liberty, this writ petition stands disposed of.

(DR. B.R. SARANGI) JUDGE Signature Not Verified Digitally Signed Signed by: ASHOK KUMAR JAGADEB MOHAPATRA Designation: Personal AshokAssistant Reason: Authentication (M.S. RAMAN) Location: HIGH COURT OF ORISSA Date: 28-Aug-2023 11:23:27 JUDGE