Banabasi Panda vs State Of Odisha & Others
2023 Latest Caselaw 6225 Ori

              IN THE HIGH COURT OF ORISSA AT CUTTACK
                              W.P.(C) No.15397 of 2023


Banabasi Panda                         .....                                 Petitioner
                                                          Mr. A. Pattanaik, 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

16.05.2023

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

01.

2. Heard Mr. A. Pattanaik, learned counsel for the petitioner and Mr. P.P. Mohanty, leaned Additional Government Advocate for the State.

3. The petitioner has filed this writ petition seeking direction to the opposite parties for refund of excess royalty deducted from his bill as per Odisha Minor Mineral Concession Rules, 2016.

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 Addl. Government Advocate 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 writ 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 of 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) MRS JUDGE

Signature Not Verified Digitally Signed Signed by: MANORANJAN SAMAL Designation: PERSONAL ASSITANT Reason: Authentication Location: Orissa High Court Date: 16-May-2023 16:10:50