Orissa High CourtUnknown vs Hon'Ble The Chief Justice Mr. Mohammad ... on 20 November, 2020Bench:Mohammad Rafiq,Biswanath RathW.P.(C) No. 28691 of 2020\n\n\n\n\n                 HON'BLE THE CHIEF JUSTICE MR. MOHAMMAD RAFIQ\n                       HON'BLE MR. JUSTICE BISWANATH RATH\n\n02. 20.11.2020   Mr. U.K. Samal, Advocate                --- For the Petitioner\n                 Mr. P.K. Muduli, AGA                    --- For Opp.Parties (State)\n\n                                           ORDERThe Court is convened through Video Conferencing\n                 mode.2.         Heard Mr. U.K. Samal, learned counsel for the\n                 petitioner and Mr. P.K. Muduli, learned Additional Government\n                 Advocate for the State-opposite parties.3.         Petitioner in this writ petition seeks for a direction to\n                 opposite   party   No.4-Executive   Engineer,    Jajpur   Irrigation\n                 Division, Jajpur to refund the enhanced royalty within a\n                 stipulated period for the work "Improvement to communication\n                 facility on right bank of Jajpur Main Canal from RD 0.00 Km to\n                 1.00 km and left bank of 1 main Distributary from RD 1.00 Km\n                 to 6.500 km under IRC and IS" vide Agreement No.P1 (EE) of\n                 2016-2017 in terms of the order dated 18.03.2015 passed in\n                 W.P.(C) No.11830 of 2013.4.         Learned counsel for the petitioner submits that the\n                 present writ petition is covered as per the decision of this Court\n                 passed in W.P.(C) No. 11830 of 2013 on 18.3.2015 and the case\n                 ofAkuli Charan Das v. State of Orissa and othersand batch of\n                 cases, 2006 (Supp.-II) OLR 672 and as such, the present writ\n                 petition may be disposed of in terms of the said order.5.In view of the above, the writ petition is disposed of\n                 in terms of the order dated 18.03.2015 passed in W.P.(C) No.\n                 11830 of 2013 and accordingly, we direct that in the event the\n                 petitioner, with regard to the grievance made in this petition,-2-files    a   comprehensive    representation   before   appropriate\n      authority attaching running account bills along with copy of this\n      order annexing therewith the judgment of this Court dated\n      18.03.2015 passed in W.P.(C) No.11830 of 2013 and batch of\n      cases and the decision in the caseAkuli Charan Das(supra)\n      within four weeks hence, the same shall be considered and\n      decided by the authority concerned by a reasoned and speaking\n      order as expeditiously as possible preferably within a period of\n      four months from the date of filing of such representation.6.           It is further directed that in case the petitioner is\n      found to be entitled for refund of any amount, the same shall be\n      refunded to the petitioner within six weeks from the date of\n      passing of the order or adjust the refundable amount against\n      any ongoing/ completed projects that they may be undertaking\n      if the petitioner may opt for.As Lock-down period is continuing for COVID-19,\n      learned counsel for the parties may utilize the soft copy of this\n      order available in the High Court's website or print out thereof at\n      par with certified copies in the manner prescribed, vide Court's\n      Notice No.4587, dated 25.03.2020.(Biswanath Rath)                       (Mohammad Rafiq)\n                   Judge                                Chief Justice\n\n\n\n\nSKJ