Citation : 2025 Latest Caselaw 2563 Ori
Judgement Date : 13 January, 2025
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C). No.18431 of 2019
Jugal Kishore Agrawal & .... Petitioner
others
Mr. S. Satyakam,
Advocate
-versus-
State of Odisha & others .... Opposite Parties
Mr. D. Lenka, AGA
CORAM: JUSTICE SANJAY KUMAR MISHRA
ORDER
13.01.2025 Order No.
07. This matter is taken up through hybrid mode.
2. Learned Counsel for the Petitioner submits, the subject matter of the present Writ Petition so also the prayer made therein are covered by the order of date passed by this Court in W.P.(C) No.11798 of 2019.
3. Learned Counsel for the State does not dispute the said submission made by the learned Counsel for the Petitioner. Mr Lenka, learned A.G.A. rather submits that the compliance Affidavit filed in W.P.(C) No.11798 of 2019 also covers the subject matter so also the prayer made in the present Writ Petition.
4. In view of the submission made by the learned Counsel for the parties, it would be apt to reproduce below the relevant paragraphs of the said compliance Affidavit filed in W.P.(C) No.11798 of 2019, which is on board.
"2. That this deponent humbly submits that the petitioner vide affidavit dated: 11.11.2024 stated before this Hon'ble Court that the present writ application along other three writ applications viz. W.P(C) No.18431 of 2019. W.P (C) No.35855 of 2021, W.P (C) No.35857 of 2021 are covered by common judgment dt.1.10.2024 passed in W.P( C) No.1497, 2304 and 2307 of 2024 by the Division Bench of the Hon'ble Court.
3. That this Hon'ble High Court of Orissa, Cuttack vide common Judgement Dated 01.10.2024 has set aside the demands made by the Opp. Party No.3 vide W.P. (C) No.1497, 2304 and 2307 of 2024 with a direction of is as follows:
"while setting aside the impugned letter under which the demands have been raised against the Petitioner Company which are subject matter of all the Writ Petitions, this Court directs the 0pp. Parties to revise the demands by limiting it to the period from 22.06.2018 onwards and raise the same a fresh as against the Petitioner Company in accordance with Law so as to satisfactorily discharged"
4. That this deponent humbly submits that the common judgment dt.1.10.2024 passed in connection with demanded amount vide W.P(C) No.1497 of 2024 & batch is fully covered, so far, the present OPDR proceeding vide W.P (C) No.11798 of 2019, 18431 of 2019, 35855 of 2021 and 35857 of 2021, pending for adjudication."
5. Accordingly, the Certificate Case No.07 of 2018, pending before the Collector, Sundargarh & Certificate Officer (Opposite Party No.3), is hereby quashed.
6. The Writ Petition stands allowed and disposed of.
7. Urgent certified copy of this order be granted on proper application.
Prasant (S. K. Mishra) Judge
Signed by: PRASANT KUMAR PRADHAN Designation: Secretary Reason: Authentication Location: High Court of Orissa, Cuttack. Date: 15-Jan-2025 15:21:18
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