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Satyabrata Jena vs. State Of Odisha

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WP(C)/32770/2024HC OrissaGSTCNR ODHC01091575202406 January 2025Bench: MR. JUSTICE ARINDAM SINHA,MR. JUSTICE M.S.SAHOO3 pages

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Cause title — parties, addresses and appearances
Page 1 of 3 IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.32770 of 2024 Satyabrata Jena …. Petitioner Represented By Adv. – Mr. P.C. Nayak, Advocate -versus- State of Odisha and others …. Opposite Parties Represented By Adv. – Mr. Sanjib Kumar Swain, AGA Mr. S. Das, ASC CORAM: THE HON'BLE MR. JUSTICE ARINDAM SINHA AND THE HON'BLE MR. JUSTICE M.S. SAHOO Order No.

ORDER 06.01.2025 01. 1. Mr. Nayak, learned advocate appears on behalf of petitioner and submits, his client is a contractor. He draws attention to annexure-1 being internal communication dated 19th February, 2024 between Chief Construction Engineer and the Executive Engineer. 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.

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2.

Mr. Swain, learned advocate appears on behalf of State and points out that petitioner made representation dated 8th December, 2024, disclosed 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. Pattanaik 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 internal communication, which makes it clear that his client is entitled to the payment.

4.

Opposite party no.6 is directed to consider and deal with representation dated 8th December, 2024 made by petitioner, to the office. Petitioner will obtain and serve certified copy of this order along with copy of the representation dated 8th December, 2024 on said respondent by 20th January, 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 the internal communication dated 19th February, 2024. // 3 //

5.

The writ petition is disposed of.

(Arindam Sinha)

Judge

(M.S. Sahoo)

Judge Sks

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.