Bhairab Charan Pattnaik vs. State Of Odisha
Held
The Court held that the Executive Engineer, Boudh (R & B) Division (Opposite Party No. 4), is required to dispose of the petitioner's representation concerning the disbursement of the running bill. The Court directed Opposite Party No. 4 to pass a reasoned order in accordance with the law within two months of receiving a certified copy of the order. Furthermore, the Court clarified that if the petitioner is otherwise entitled to the amount claimed for the running bill, it should be disbursed along with VAT and GST forthwith upon the disposal of the representation. The petitioner was directed to provide a copy of the writ petition and the Court's order to Opposite Party No. 4 for reference.
Facts
The petitioner, Bhairab Charan Pattnaik, filed a representation on February 17, 2020, to the Executive Engineer, Boudh (R & B) Division (Opposite Party No. 4), seeking disbursement of a running bill. This representation remained pending. The petitioner approached the High Court of Orissa through a writ petition seeking a direction for the disposal of his representation. The Opposite Parties are the State of Odisha and its officials.
Key Issues
1. Whether the Executive Engineer, Boudh (R & B) Division, is obligated to dispose of the petitioner's representation regarding the disbursement of his running bill? (Question of law) Petitioner's contention: The petitioner argued that his representation, filed on February 17, 2020, seeking disbursement of his running bill, has been pending and requires a decision. He sought a direction from the Court for the disposal of this representation. Revenue/State's contention: The judgment does not record any specific arguments or contentions from the Opposite Parties. However, the Court's order implies an expectation that the authority would act upon the representation.
Sections Cited
None
AI-generated summary — verify with the full judgment below
Cause title — parties, addresses and appearances
ORDER 25.11.2021 Order No. 01. 1. This matter is taken up through hybrid mode.
Heard.
The petitioner vide letter dated 17.02.2020 Annexure-4 has filed a representation before the Executive Engineer, Boudh (R & B) Division, Boudh-Opposite Party No.4 for disbursement of the running bill. The said representation is stated to be pending.
Regard being had to the facts and submissions and the nature of relief sought for, the writ petition is disposed of directing Opposite Party No.4 to dispose of the representation of the petitioner vide Annexure-4 by passing a reasoned order in accordance with law, within a period of two months from the date of receipt of the certified copy of this order.
2
It is made clear that, if the petitioner is otherwise entitled
The judgment continues below.
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