B. Manoj Kumar Rao vs State Of Odisha & Others
2023 Latest Caselaw 7900 Ori

            IN THE HIGH COURT OF ORISSA AT CUTTACK
                            W.P.(C) No. 22454 of 2023

B. Manoj Kumar Rao                    .....                              Petitioner
                                                    Mr. N. Jujharsingh, Advocate
                                      Vs.
State of Odisha & Others              .....                       Opposite Parties
                                                         Mr. P.P. Mohanty, AGA
             CORAM:
                DR. JUSTICE B.R. SARANGI
                MR. JUSTICE MURAHARI SRI RAMAN

                                             ORDER

21.07.2023 Order No. This matter is taken up through hybrid mode.

01.

2. Heard Mr. N. Jujharsingh, learned counsel for the petitioner and Mr. P.P. Mohanty, learned Additional Government Advocate.

3. Petitioner in this writ petition seeks direction to the opposite parties to refund the deducted enhanced royalty within a stipulated period for the work "Improvement to Parlakhemundi-Gumma- Serango Road (MDR-59) from 0/0 to 34/3 k.m. under Naward Assistance (RIDF-XIV) Reach-11(7/0 to 12/0 k.m.) in the district of Gajapati vide Agreement No.8P1 of 2010-11" in terms of the order dated 18.03.2015 passed in W.P.(C) No.11830 of 2013.

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 18.3.2015 and 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 Government Advocate does not oppose to the same.

6. In view of the above, the writ petition is disposed of in terms of the order dated 18.3.2015 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 the appropriate authority attaching running account bills along with copy of this order annexing therewith the judgment of this Court dated 18.03.2015 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.

               Ashok                                                            (DR. B.R. SARANGI)
                                                                                     JUDGE


                                                                                 (M.S. RAMAN)
                                                                                     JUDGE
Signature Not Verified
Digitally Signed

Signed by: ASHOK KUMAR JAGADEB MOHAPATRA Designation: Personal Assistant Reason: Authentication Location: HIGH COURT OF ORISSA Date: 24-Jul-2023 15:33:47