Bijay Kumar Swain vs State Of Odisha And Others
2023 Latest Caselaw 1721 Ori

             IN THE HIGH COURT OF ORISSA AT CUTTACK
                             W.P (C) No. 1934 of 2016

Bijay Kumar Swain                         .....                          Petitioner
                                                             Mr. P.C. Nayak, Adv.
                                          Vs.
State of Odisha and others                .....                   Opposite parties
                                                               Mr. S. Nayak, ASC

              CORAM:
                  DR. JUSTICE B.R. SARANGI
                  MR. JUSTICE M.S. SAHOO

                                            ORDER

23.02.2023 Order No. This matter is taken up through hybrid mode.

2. Heard Mr. P.C. Nayak, learned counsel for the Petitioner and Mr. S. Nayak, learned Additional Standing Counsel for the State-Opposite Parties.

3. The petitioner has filed this writ petition for a direction to the Opposite Party No.3 to refund the enhanced royalty amount being deducted from his bill as per Odisha Minor Mineral Concession Rule 2016 for the work "Construction of PMGSY Road vide Package No.OR/07-75VII vide Agreement No.94 PMGSY-VII 2009-10 under Annexure-1 within a stipulated time.

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. Mr. T. Pattnaik, 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.

Issue urgent certified copy as per rules.

(DR. B.R. SARANGI) JUDGE

(M. S. SAHOO) JUDGE Alok