Orissa High Court
WP(C)/22011/2020 on 8 September, 2020
Author: S.K. Mishra
Bench: S.K. Mishra
WP(C) No.22011 of 2020
02. 08.09.2020 This matter is taken up through Video Conferencing
because of COVID-19.
2. Heard Mr. P.C. Nayak, learned counsel for the
petitioner and Mr. A.K. Nanda, learned Addl. Government
Advocate.
3. Petitioner in this writ petition seeks for a direction to
opposite party no.5-Executive Engineer, Rural Works Division,
Keonjhar to refund the enhanced royalty within a stipulated
period for the work "Improvement to Road and C.D. works under
PMGSY Package No.OR-17-440(B-II) Road (A) Mursuan to
Kasirapatna Road, Road (C) Kalanda to Amrutapada and Bridge
on Murusuan to Kasirapatna road in the district of Keonjhar, vide
agreement No.222 PMGSY of 2016-17."
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 18.03.2015 and 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. In view of the above, the writ petition is disposed of in
terms of the order dated 18.03.2015 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 petition, files a
comprehensive representation before appropriate authority
PCD
attaching running account bills along with certified copy of this
order annexing therewith the judgment of this Court
dated 18.03.2015 passed in W.P.(C) No.11830 of 2013 and batch
of cases and the decision in the case Akuli Charan Das (supra)
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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.
6. 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.
As Lock-down period is continuing for COVID-19,
learned counsel for both the parties may utilize the soft copy of
this order available in the High Court's website or print out
thereof at par with certified copies in the manner prescribed, vide
Court's Notice No.4587, dated 25.03.2020.
.........................
S.K. Mishra, J.
......................... Savitri Ratho,J.
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