Haresh Kumar Agrawal vs State Of Odisha And Others
2023 Latest Caselaw 12040 Ori

               IN THE HIGH COURT OF ORISSA AT CUTTACK
                             W.P.(C) No.31227 of 2023

Haresh Kumar Agrawal                    .....                                 Petitioner
                                                         Mr. Subham Agrawal, Advocate

                                        Vs.
State of Odisha and Others              .....                             Opposite Parties
                                                                          State Counsel


             CORAM:
                 ACTING CHIEF JUSTICE DR. B.R. SARANGI
                 MR. JUSTICE MURAHARI SRI RAMAN

                                               ORDER

05.10.2023 Order No. This matter is taken up through hybrid mode.

01.

2. Heard Mr. Subham Agrawal, learned counsel for the petitioner and Mr. P.P. Mohanty, learned Additional Government Advocate for the State.

3. The petitioner has filed this writ petition seeking to quash the order dated 10.08.2016 under Annexure-3 to the extent of levy of penalty.

4. Learned counsel for the petitioner contended that so far of levy of penalty is concerned, this question has already been considered by this Court in the case of Sanjay Kumar Agrawal v. State of Odisha and others (W.P.(C) No. 31151 of 2022 disposed of on 24.11.2022. It is further contended that on similar issue one Radheshyam Agrawal had also approached this Court by filing W.P.(C) No. 14922 of 2019, which was allowed by this Court. Against the order passed by this Court, the State Government preferred Civil Appeal No. 4934 of 2022. The apex Court upheld the order passed by this Court in State of Odisha and others v. Radheshyam Agrawal, 2023 SCC OnLine 331. Therefore, the claim of penalty @ 1.50 % of the agreement value cannot be sustained and as such, this writ petition may be disposed of in terms of theaforesaid orders and the petitioner is entitled to get the same relief, as has been granted in the cases of Sanjay Kumar Agrawal and Radheshyam Agrawal (supra), to which Mr. P.P. Mohanty, learned Addl. Government Advocate appearing

for the State-opposite parties has raised no objection.

5. Having heard learned counsel for the parties and after going through the record, since the question of penalty has already been reached its finality by the judgment rendered by the apex Court in the case of Radheshyam Agrawal (supra), therefore, the levy of penalty @ 1.50% as has been done in this case vide Annexure-3, cannot be sustained and the same is liable to be quashed and hereby quashed.

6. The writ petition stands disposed of accordingly.

(DR. B.R. SARANGI) ACTING CHIEF JUSTICE

Aswini (M.S. RAMAN) JUDGE

Signature Not Verified Digitally Signed Signed by: ASWINI KUMAR SETHY Designation: PA(SECRETARY-IN-CHARGE) Reason: Authentication Location: ORISSA HIGH COURT, CUTTACK Date: 06-Oct-2023 11:07:45