Shiba Prasad Rath vs. State Of Odisha

Facts

The Petitioner, Shiba Prasada Rath, filed a Writ Petition before the Orissa High Court seeking a direction to Opposite Party No. 2, the Chief Construction Engineer, Upper Indravati Project, Mukhiguda, Kalahandi, to release an admitted final bill amounting to Rs. 4,78,139/-, inclusive of GST. The Petitioner had previously made a representation to Opposite Party No. 2, which is attached as Annexure-4 to the petition. The Petitioner's counsel requested that this representation be directed to be disposed of within a stipulated timeframe. The State's counsel raised no objection to this request.

Held

The Court, after hearing the learned counsel for both parties and perusing the records, disposed of the Writ Petition without expressing any opinion on the merits of the case. The Court directed Opposite Party No. 2 to consider and dispose of the representation filed by the Petitioner vide Annexure-4. The disposal was to be done by passing an appropriate order as early as possible, preferably within a period of three months from the date of production of a certified copy of the Court's order. No specific finding was given on the release of the admitted final bill itself, as the matter was remitted for consideration of the representation.

Key Issues

1. Whether the Court should direct Opposite Party No. 2 to release the admitted final bill amounting to Rs. 4,78,139/- including GST in favour of the Petitioner within a stipulated time, as per the Petitioner's prayer? Petitioner's Argument: The Petitioner argued that a direction should be issued to Opposite Party No. 2 to release the admitted final bill. The Petitioner also sought a direction for the disposal of their representation (Annexure-4) within a stipulated time. Revenue/State's Argument: The learned Additional Government Advocate for the State raised no objection to the Petitioner's request for the disposal of the representation within a stipulated time.