Orissa High Court
Swarnalata Pattnaik vs State Of Odisha & Others on 11 May, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.14045 of 2023
Swarnalata Pattnaik ..... Petitioner
Mr. Prafulla Kumar Rath, Advocate
Vs.
State of Odisha & Others ..... Opposite Parties
Mr. L. Samantaray AGA
CORAM:
DR. JUSTICE B.R. SARANGI
MR. JUSTICE M.S.RAMAN
ORDER
11.05.2023
Order No. This matter is taken up through hybrid mode.
01.
2. Heard.
3. The Petitioner has filed this writ petition seeking direction to
the Opposite Parties to refund the license fee deposited with the
Govt. w.e.f 10.08.2021 to 30.01.2022 given by the Petitioner and
waive the MGQ duty of the said closure period in respect of
Sarankul IMFL "OFF" shop in the district of Nayagarh, within a
stipulated period.
4. In course of hearing, learned counsel for the Petitioner
states that highlighting her grievance, the Petitioner has made a
representation to Opposite Party No.1 vide Annexures-9 series and
11 series and the same may be directed to be considered and
disposed of within a stipulated time taking into consideration the
judgments of this Court in Suresh Ch. Mishra Vs. State, 2015
SCC Online Ori 286; Ganapati Sahu Vs. State, 1996 SCC Online
Ori 143; Krushna Chandra Sahu Vs. State, 1998 SCC Online
Ori 188 and similar orders passed by this Court in Batakrushna
ASWINI Gochhayat Vs. State of Odisha & Others (W.P.(C) No.139 of
KUMAR SETHY
Digitally signed by
ASWINI KUMAR SETHY
2015, disposed of on 2nd March, 2016), Pradeepta Kumar Nath
Date: 2023.05.11
18:10:24 +05'30'
Vs. State of Odisha & Others (W.P.(C) No.7443 of 2014,
disposed of on 22nd September, 2014), K. Bina Patnayak Vs.
State of Odisha & Others (W.P.(C) No.5860 of 2019, disposed of
on 5th November, 2019), Sujit Kumar Sahoo Vs. State of Odisha
(W.P.(C) No.6722 of 2019, disposed of on 5th November, 2019) &
Shakti Prasad Mohanty Vs. State of Odisha & Others (W.P.(C)
No.6779 of 2015, disposed of on 27th January, 2016), to which
learned Counsel for the State has no objection.
5. As agreed to by learned counsel for the parties and after
going through the records, this Court, without expressing any
opinion on the merits of the case, disposes of the Writ Petition
directing Opposite Party No.1 to consider the representation filed
by the petitioner vide Annexure-9 series and take a decision in
accordance with law taking into consideration the ratio decided in
Suresh Ch. Mishra, Ganapati Sahu, Krushna Chandra Sahu,
Batakrushna Gochhayat, Pradeepta Kumar Nath, K. Bina
Patnayak, Sujit Kumar Sahoo and Shakti Prasad Mohanty
(supra) within a period of ten days from the date of production of
certified copy of this order.
6. It is further directed that till a decision is taken on the
representation of the petitioner within a period of four weeks, no
coercive action shall be taken against the Petitioner.
7. Issue urgent certified copy as per Rules.
(DR. B.R. SARANGI)
JUDGE
(M.S. RAMAN)
JUDGE
Aks
