Gopabandhu Dash vs State Of Odisha & Others
2023 Latest Caselaw 11705 Ori

            IN THE HIGH COURT OF ORISSA AT CUTTACK

                           W.P (C) No.27289 of 2021

Gopabandhu Dash                     .....                             Petitioner
                                           Mr. Prabodha Chandra Nayak,
                                                                 Advocate
                                    Vs.

State of Odisha & Others            .....                       Opposite Parties
                                                       Mr. P.P. Mohanty, AGA


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

                                           ORDER

26.09.2023

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

02.

2. Heard Mr. P.C. Nayak, learned counsel appearing for the petitioner and Mr. P.P. Mohanty, learned Additional Government Advocate appearing for the State-opposite parties.

3. The petitioner has filed this writ petition seeking to quash the office memorandum dated 07.06.2021 under Annexure-10 modifying the office memorandum dated 19.11.2019 under Annexure-9 (which was effective from the date of issue) to be retrospective effect from 07.07.2012 to 18.11.2019 as well as letter no.3996 dated 16.06.2021 issued by opposite party no.5-Executive Engineer, Nayagarh (R&B)

Division, Nayagarh, in refusing to payment of Rs.42,15,562/- basing on the office memorandum dated 07.06.2021 under Annexure-8 and further to issue direction to opposite party no.2 to release the amount as per the recommendation of opposite party no.5 vide letter dated 22.06.2020 under Annexure-7.

4. It is agreed by learned counsel for the parties that the issue involved in this case is analogous to one involved in W.P.(C) No.30191 of 2021 (B.K.D. Infrastructure Pvt. Ltd., Super Class Contractor, Sambalpur v. State of Odisha & Ors.), which has been disposed of vide judgment dated 08.09.2023 by this Court.

5. Therefore, in view of the detailed reasons stated in the judgment dated 08.09.2023 passed in W.P.(C) No. 30191 of 2021 (B.K.D. Infrastructure Pvt. Ltd., Super Class Contractor, Sambalpur v. State of Odisha & Ors.), this writ petition stands disposed of in terms of the said judgment.

                                                                 (DR. B.R. SARANGI)
                                                                      JUDGE



          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: 26-Sep-2023 17:14:16