Dasaratha Ojha vs. State Of Odisha

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WP(C)/4078/2025HC OrissaGSTCNR ODHC01008864202503 March 2025Bench: MR. JUSTICE ARINDAM SINHA (ACJ),MR. JUSTICE M.S.SAHOO2 pages

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Cause title — parties, addresses and appearances
Page 1 of 2 IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No.4078 of 2025 Dasaratha Ojha …. Petitioner Represented by Adv.- Mr. G. Satpathy, Advocate -versus- State of Odisha and others …. Opposite Parties Represented by Adv.- Mr. S.K. Swain, AGA Mr. S. Das, ASC CORAM: THE HON’BLE MR. JUSTICE ARINDAM SINHA, THE ACTING CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE M.S. SAHOO

ORDER 03.03.2025

1.

Mr. Satpathy, learned advocate appears on behalf of petitioner and submits, his client is a Engineer contractor. He draws attention to annexures-2 and 3 being the work estimation was made in the year 2015-16 and work order was issued on 17th October, 2017 respectively. He submits, thereby was approval of deviation statement (post GST) for deviation in the pre GST regime, on work executed and the amount mentioned, payable to his client. He seeks issuance of mandamus.

2.

Mr. Swain, learned advocate appears on behalf of State and points out that petitioner made representation dated 20th January, 2025, disclosed Order No. 01. at annexure-4. He submits, the representation will be duly dealt with. Mr. S. Das, learned advocate, Additional Standing Counsel appears on behalf of revenue.

3.

Mr. Satpathy in reply submits, in event the writ petition is disposed of with direction to consider the representation, there be also direction to take into account said annexure-2, which makes it clear that his client is entitled to the payment.

4.

Opposite party no.4 is directed to consider and deal with representation dated 20th January, 2025 made by petitioner, to the office. Petitioner will obtain and serve certified copy of this order along with copy of the representation dated 20th January, 2025 on said respondent by 17th March, 2025. Omission to so communicate will automatically vacate the direction made. On the communication made, decision taken upon consideration of the representation be made and communicated to petitioner, within three weeks thereafter. Said opposite party must bear in mind that work estimation was made in the year 2015-16. 5. The writ petition is disposed of.

( Arindam Sinha ) Acting Chief Justice

( M.S. Sahoo ) Judge

Prasant

Reproduced from the public record of the Orissa High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.