Amit Kumar Dikshit vs State Of Odisha & Others
2023 Latest Caselaw 9896 Ori

               IN THE HIGH COURT OF ORISSA AT CUTTACK
                             W.P (C) No.25424 of 2023

Amit Kumar Dikshit                     .....                                    Petitioner
                                                          Mr. Trilochan Barik, Advocate
                                       Vs.
State of Odisha & Others               .....                             Opposite Parties

                                                                   Mr. S.N. Nayak, ASC

              CORAM:
                  DR. JUSTICE B.R. SARANGI
                  MR. JUSTICE MURAHARI SRI RAMAN

                                              ORDER

23.08.2023 Order No. This matter is taken up through hybrid mode.

01.

2. Heard Mr. Trilochan Barik, learned counsel for the Petitioner and Mr. S.N. Nayak, learned Additional Standing Counsel for the State.

3. The Petitioner has filed this writ petition seeking direction to the Opposite Parties to refund the deducted enhanced royalty amount within stipulated period as per the Odisha Minor Mineral Concession Rules, 2016 for the work "Improvement to road and C.D. work under PMGSY for the package No.OR-17-363/XII(RD road to Bajunitangar road) in the district of Keonjhar" vide agreement No.223 PMGSY of 2016-17.

4. Learned counsel for the Petitioner submits that the present writ petition is covered as per the decision of this Court passed in W.P.(C) No.11830 of 2013 on 18th March, 2015 in the case of Akuli Charan Das v. State of Orissa and others and batch of cases, 2006 (Supp.-II) OLR 672 and, as such the present writ petition may be disposed of in terms of the said order.

5. Learned Additional Standing Counsel for the State-Opposite Parties does not oppose to the same.

6. In view of the above, the writ petition is disposed of in terms of the order dated 18th March, 2015 passed in W.P.(C) No.11830 of 2013 and accordingly, we direct that in the event the Petitioner, with regard to the grievance made in this petition, files a comprehensive representation before appropriate authority attaching running account bills along with copy of this order annexing therewith the judgment of this Court dated 18th March, 2015 passed in W.P.(C) No.11830 of 2013 and batch of cases and the decision in the case Akuli Charan Das (Supra) within four weeks hence, the same shall be considered and decided by the authority concerned by a reasoned and speaking order as expeditiously as possible preferably within a period of four months from the date of filing of such representation.

7. It is further directed that in case the Petitioner is found to be entitled for refund of any amount, the same shall be refunded to the Petitioner within six weeks from the date of passing of the order or adjust the refundable amount against any ongoing/completed projects that they may be undertaking if the Petitioner may opt for.

8. Issue urgent certified copy as per rules.

(DR. B.R. SARANGI) JUDGE

(M.S. RAMAN) JUDGE Laxmikant

Signature Not Verified Digitally Signed Signed by: LAXMIKANT MOHAPATRA Designation: Junior Stenographer Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 24-Aug-2023 10:35:02