Jayanta Kumar Jena vs State Of Odisha & Others
2023 Latest Caselaw 10502 Ori

            IN THE HIGH COURT OF ORISSA AT CUTTACK
                           W.P (C) No.28611 of 2023

Jayanta Kumar Jena                  .....                               Petitioner
                                                       Mr. S.K. Dalai, Advocate
                                    Vs.
State of Odisha & Others            .....                       Opposite Parties
                                                         Mr. A.K. Mishra, AGA
             CORAM:
                DR. JUSTICE B.R. SARANGI
                MR. JUSTICE MURAHARI SRI RAMAN

                                           ORDER

31.08.2023 Order No. This matter is taken up through hybrid mode.

01.

2. Heard.

3. The Petitioner has filed this writ petition seeking following reliefs:-

"a) The order dtd.24.08.2023 under Annexure-7 shall not be quashed and declaring the same as illegal, arbitrary, non-application of mind and contrary to the terms of Auction and provisions under the OMMC Rules 2016.

b) The Petitioner shall not be permitted to execute agreement in terms of the advertisement and additional amount quoted by him in terms of the auction and permitted to work in terms of the agreement to secure ends of justice."

4. After advancing some argument, Mr. S.K. Dalai, learned counsel for the Petitioner contended that he wants to confine his prayer for quashing of the demand notice dated 24.08.2023 at Annexure-7 and he does not want to press rest part of the prayer. He also contended that the demand order under Annexure-4 cannot be sustained and the same is liable to be quashed. He relied on the judgments in the case of Babamani WSHG vrs. State of Odisha & Others; AIR 2020 Orissa 120, United India Insurance

Co. Ltd. Vrs. M.K.J. Corporation; (1996) 6 SCC 428, para-7, Polymat India (P) Ltd. & Another vrs. National Insurance Co. Ltd. & Another; (2005) 9 SCC 174, para-22, 23 & 25 and United India Insurance Co. Ltd. Vrs. Harchand Rai Chandan Lal; (2004) 8 SCC 644, para-9, 12, 13 & 14.

5. Issue notice. Mr. A.K. Mishra, learned Addl. Govt. Advocates accepts notice on behalf of the Opposite Parties. Five extra copies of the writ petition be served on him in order to enable him to take instruction and file counter affidavit.

6. List this matter after two weeks.

I.A. No.13704 of 2023

7. Without prejudice to the rights and contentions of the parties, as an interim measure, it is directed that subject to deposit of 30% of the demanded amount by the Petitioner, by 10.10.2023, the demand so raised under Annexure-7 shall remain stayed till 13.10.2023.

(DR. B.R. SARANGI) JUDGE

(M.S. RAMAN) JUDGE Aswini

Signature Not Verified Digitally Signed Signed by: ASWINI KUMAR SETHY Designation: PA(SECRETARY-IN-CHARGE) Reason: Authentication Location: ORISSA HIGH COURT, CUTTACK Date: 01-Sep-2023 11:11:59