Jayanti Jena vs State Of Odisha & Others
2023 Latest Caselaw 6364 Ori

               IN THE HIGH COURT OF ORISSA AT CUTTACK
                                W.P (C) No.15588 of 2023

Jayanti Jena                             .....                                  Petitioner
                                                 Mr.Subir Palit, Sr. Advocate along with
                                                         Mr. Amitabh Mishra, 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

17.05.2023 Order No. This matter is taken up through hybrid mode.

02.

2. Though vide order dated 15.05.2023, three matters i.e. W.P.(C) Nos. 15010, 15015 and 15589 of 2023 are directed to be listed, but since W.P.(C) Nos.15010 and 15015 of 2023 have already been disposed of vide order dated 16.05.2023, W.P.(C) No. 15589 of 2023 is heard along with W.P.(C) No. 15588 of 2023.

3. Heard.

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

"It is therefore, humbly and most respectfully prayed that this Hon'ble Court may graciously be pleased to quash the demand raised by the Opp.Parties under notice dated 13.04.2023 as Annexure-14 along with letter dated 07.04.2022 and 16.4.2022 as Annexure-11 series, notification dated 19.04.2022 as at Annexure-12 and letter dated 17.01.2023 as at Annexure-13 as being arbitrary and illegal."

5. After advancing some argument, Mr. Palit, learned Senior Advocate contended that he wants to confine his prayer for quashing of the demand notice dated 13.04.2023 at Annexure-14 and he does not want to press rest part of the prayer. He also contended that the demand order under Annexure-14 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.

6. Issue notice. Mr. P.P. Mohanty, learned Addl. Govt. Advocates accepts notice on behalf of the Opposite Parties. Three extra copies of the writ petition be served on him in order to enable him to take instruction and file counter affidavit.

7. List this matter after ensuing Summer Vacation.

I.A. No. 7159 of 2023

8. Without prejudice to the rights and contentions of the parties, as an interim measure, it is directed that subject to deposit of Rs.25.00 lakhs by the Petitioner, by 31.05.2023, the demand so raised under Annexure-14 shall remain stayed till 27.06.2023.

                                                                          (DR. B.R. SARANGI)
                                                                                JUDGE


Signature Not Verified                                                       (M.S. RAMAN)
Digitally Signed
Signed by: ASWINI KUMAR SETHY                                                   JUDGE
                   Aks
Designation: PA (SECY-IN-CHARGE)
Reason: Authentication

Location: ORISSA HIGH COURT, CUTTACK Date: 17-May-2023 17:37:16