Sarat Chandra Sethy vs State Of Odisha & Others
2023 Latest Caselaw 6971 Ori

            IN THE HIGH COURT OF ORISSA AT CUTTACK
                           W.P (C) No.17260 of 2023

Sarat Chandra Sethy                 .....                             Petitioner
                                                Mr. B. B. Choudhury, Advocate
                                    Vs.
State of Odisha & Others            .....                        Opposite Parties
                                                        Mr. P.P. Mohanty, AGA
             CORAM:
                DR. JUSTICE B.R. SARANGI
                MR. JUSTICE M.S.RAMAN

                                           ORDER

21.06.2023 Order No. This matter is taken up through hybrid mode.

01.

2. Heard.

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

"(I) Admit the case, issue notice to the Opp. Parties and call for the records; And (II) Issue writ (s) in the nature of certiorari or any other appropriate writ(s) for quashing of the Letter No.1977, dated 11.05.2023 issued by Tahasildar, Dharmashala, Jajpur to the extent of imposition of Minimum Addl. Charge Amount for Black Stones from quoted price Rs.(130+74)= Rs.204 per CuM to Rs.(130+295)= Rs.425 per CuM thereby declaring the same in clear violation of Article 14, 19 & 21 of the Constitution of India; (III) And further be pleased to direct the Opp. Parties to permit the Petitioner to Operate the Bichhakhandi Black Stone Quarry No.18 as per the terms and conditions pursuant to notice No.3510 dt.17.09.2021.

(IV) And pass any order/orders which the Hon'ble Court may deem fit and proper."

4. After advancing some argument, Mr. B.B. Choudhury, learned counsel for the Petitioner contended that he wants to confine his prayer for quashing of the demand notice dated

11.05.2023 at Annexure-3 and he does not want to press rest part of the prayer. He also contended that the demand order under Annexure-3 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. P.P. Mohanty, learned Addl. Govt. Advocates accepts notice on behalf of the Opposite Parties. Four 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. 7842 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 07.07.2023, the demand so raised under Annexure-3 shall remain stayed till 14.07.2023.

(DR. B.R. SARANGI) JUDGE

Signature Not Verified Digitally Signed Signed by: LAXMIKANT MOHAPATRA (M.S. RAMAN) Designation: JUNIOR STENO Reason: Authentication JUDGE Laxmikant Location: HIGH COURT OF ORISSA, CUTTACK Date: 21-Jun-2023 16:28:24