Vedanta Aluminium Ltd vs State Of Odisha And Others
2023 Latest Caselaw 8658 Ori

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.8889 of 2017

Vedanta Aluminium Ltd. .... Petitioner Mr. A. K. Ganguli, Senior Advocate with Mr. Tushar Jarwal and Mr. Rahul Sateeja, Advocates

-versus-

State of Odisha and others .... Opposite Parties Mr. Rakesh Dwibedy, Senior Advocate

W.P.(C) No.1461 of 2007

Bhusan Steel & Strips L:imited .... Petitioner Mr. S. Mohanty, Advocate With D.P. Sahu, Advocate

-versus-

State of Odisha and others .... Opposite Parties Mr. Rakesh Dwibedy, Senior Advocate

W.P.(C) No.5749 of 2007

Jindal Stainless Ltd. .... Petitioner Mr. B.K. Mohanty, Senior Advocate with Mr. A. Mohanty, Advocate

-versus-

State of Odisha and others .... Opposite Parties Mr. Rakesh Dwibedy, Senior Advocate

W.P.(C) No.5750 of 2007

Jindal Stainless Ltd. .... Petitioner Mr. B.K. Mohanty, Senior Advocate with Mr. A. Mohanty, Advocate

-versus-

State of Odisha and others .... Opposite Parties Mr. Rakesh Dwibedy, Senior Advocate W.P.(C) No.1087 of 2008

Indian Metal and FerroAlloys Limitd .... Petitioner Mr. J. Sahoo, Senior Advocate with Ms. Kajol Sahoo, Advocate

-versus-

State of Odisha and others .... Opposite Parties Mr. Rakesh Dwibedy, Senior Advocate

W.P.(C) No.3515 of 2008

M/s. Vedanta Aluminium Ltd. .... Petitioner Mr. A. Ganguli, Senior Advocate with Mr. P.K. Nayak, Advocate

-versus-

State of Odisha and others .... Opposite Parties Mr. Rakesh Dwibedy, Senior Advocate

W.P.(C) No.14635 of 2009

Unitech Wireless .... Petitioner Mr. Mukesh Panda, Advocate

-versus-

State of Odisha and others .... Opposite Parties Mr. Rakesh Dwibedy, Senior Advocate

W.P.(C) No.579 of 2010

Dishnet Wireless Ltd. .... Petitioner Mr. B. Mohanty, Senior Advocate with Mr. A. Mohanty, Advocate

-versus-

State of Odisha and others .... Opposite Parties Mr. Rakesh Dwibedy, Senior Advocate

W.P.(C) No.5737 of 2010

Essar Steel OrissaLimited .... Petitioner

Mr. B. Mohanty, Senior Advocate with Mr. A. Mohanty, Advocate

-versus-

State of Odisha and another .... Opposite Parties Mr. Rakesh Dwibedy, Senior Advocate

W.P.(C) No.33161 of 2011

JSL Stainless Ltd. .... Petitioner Mr. B. Mohanty, Senior Advocate with Mr. A. Mohanty, Advocate

-versus-

State of Odisha and others .... Opposite Parties Mr. Rakesh Dwibedy, Senior Advocate

W.P.(C) No.1963 of 2012

Bharati Telemedia Ltd. .... Petitioner

Mr. J. Sahoo, Senior Advocate with Ms. Kajol Sahoo, Advocate

-versus-

State of Odisha and another .... Opposite Parties Mr. Rakesh Dwibedy, Senior Advocate

W.P.(C) No.3010 of 2012

M/s. Adani Enterprises Ltd. and .... Petitioners another None

-versus-

State of Odisha and others .... Opposite Parties Mr. Rakesh Dwibedy, Senior Advocate W.P.(C) No.5186 of 2012

GMR Kamalanga Energy Limited .... Petitioner Mr. J. Sahoo, Senior Advocate with Ms. Kajol Sahoo, Advocate Mr. S. Mohanty, Advocate

-versus-

State of Odisha and others .... Opposite Parties Mr. Rakesh Dwibedy, Senior Advocate

W.P.(C) No.5187 of 2012

GMR Kamalanga Energy Limited .... Petitioner Mr. J. Sahoo, Senior Advocate with Ms. Kajol Sahoo, Advocate Mr. S. Mohanty, Advocate

-versus-

State of Odisha and others .... Opposite Parties Mr. Rakesh Dwibedy, Senior Advocate

W.P.(C) No.17110 of 2012

Gargson Automobile Pvt. Ltd. .... Petitioner Mr. R.P. Kar, Senior Advocate with Mr. A.N. Ray, Advocate

-versus-

State of Odisha and others .... Opposite Parties Mr. Rakesh Dwibedy, Senior Advocate W.P.(C) No.15010 of 2013

Tata Steel Bsl Ltd. .... Petitioner Mr. S. Mohanty

-versus-

State of Odisha and others .... Opposite Parties Mr. Rakesh Dwibedy, Senior Advocate W.P.(C) No.16644 of 2013

M/s. Sesa Sterlite Limited and .... Petitioners another Mr. A. Ganguli, Senior Advocate with Mr. P.K. Nayak, Advocate

-versus-

State of Odisha and others .... Opposite Parties Mr. Rakesh Dwibedy, Senior Advocate

W.P.(C) No.9078 of 2017

M/s. Bharati Airtel Ltd. .... Petitioner Mr. J. Sahoo, Senior Advocate with Ms. Kajol Sahoo, Advocate

-versus-

State of Odisha and others .... Opposite Parties Mr. Rakesh Dwibedy, Senior Advocate W.P.(C) No.11723 of 2017

M/s. Bharati Infratel Limited. .... Petitioner Mr. M. Panda, Advocate With J. Aldak

-versus-

State of Odisha and others .... Opposite Parties Mr. Rakesh Dwibedy, Senior Advocate

W.P.(C) No.20744 of 2017

M/s. Emami Paper Mills Ltd. .... Petitioner Mr. R.P. Kar, Senior Advocate with Mr. M. Agarwal, Advocate

-versus-

State of Odisha and others .... Opposite Parties Mr. Rakesh Dwibedy, Senior Advocate W.P.(C) No.21797 of 2017

M/s. Whirlpool of India Ltd. .... Petitioner Mr. R.P. Kar, senior Advocate

-versus-

State of Odisha and others .... Opposite Parties Mr. Rakesh Dwibedy, Senior Advocate W.P.(C) No.9170 of 2017

Indian Metals and Ferro Alloys Ltd. .... Petitioner

Mr. J. Sahoo, Senior Advocate with Ms. Kajol Sahoo, Advocate

-versus-

State of Odisha and others .... Opposite Parties Mr. Rakesh Dwibedy, Senior Advocate

W.P.(C) No.9173 of 2018

Indian Metals and Ferro Alloys Ltd. .... Petitioner Mr. J. Sahoo, Senior Advocate with Ms. Kajol Sahoo, Advocate

-versus-

State of Odisha and others .... Opposite Parties Mr. Rakesh Dwibedy, Senior Advocate W.P.(C) No.9174 of 2018

Indian Metals and Ferro Alloys Ltd. .... Petitioner

Mr. J. Sahoo, Senior Advocate with Ms. Kajol Sahoo, Advocate

-versus-

State of Odisha and others .... Opposite Parties Mr. Rakesh Dwibedy, Senior Advocate W.P.(C) No.16091 of 2021

M/s Tata Teleservices Limited .... Petitioner Mr. M. Panda, Advocate with Mr.Kumar Visalaksh, Advocate

-versus-

State of Odisha and another .... Opposite Parties Mr. Rakesh Dwibedy, Senior Advocate

CORAM:

JUSTICE ARINDAM SINHA JUSTICE SANJAY KUMAR MISHRA

ORDER Order No. 07.08.2023

14. 1. Mr. Ganguli, learned senior advocate appears on behalf of petitioner and with reference to record of submission in our order

dated 10th July, 2023 clarifies, challenge in the writ petition relates to deletion of entry 52 in list II of 7th Schedule in the Constitution. Submission regarding deletion of clause (3) under article 286 by the 101st amendment be treated as a submission of fact.

2. He hands up a list of dates to give the background for understanding of his client's challenge.

3. On query from Court he submits, there were two judgments delivered by this Court. First was in, inter alia, OJC no.1241 of 2000 (National Aluminum Company Limited and others v. State of Orissa and others), whereby a Division Bench by judgment dated 17th January, 2008 identified the question considered therein to be only whether enactment of the Entry Tax Act was compensatory. The answer was in the negative. The other is judgment dated 18th February, 2008 by the same Bench in, inter alia, W.P.(C) no.6515 of 2006 of 2006 (Reliance Industries Limited v. Assessing Authority, Dhenkanal and others), whereby opinion was expressed that enactment of Orissa Entry Tax following provisions of article 304(a) in the Constitution is sustainable in the eye of law.

4. By consent list for further hearing on 4th September, 2023 marked at 12.00 noon.

(Arindam Sinha) Judge

Signature Not Verified (S.K. Mishra) PCD Digitally Signed Signed by: PADMA CHARAN DASH Judge Designation: Secretary In-Charge Reason: Authentication Location: ORISSA HIGH COURT, CUTTACK Date: 08-Aug-2023 19:24:51