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2007 DIGILAW 112 (ORI)

Nawal Kishore Lodha v. State of Orissa

2007-02-21

A.S.NAIDU

body2007
ORDER 21.2.2007 — Heard 2. The petitioner who is a Storage Agent of Jharsuguda Municipality by order dated 01.3.1999 vide Annexure-4 was direct¬ed to deposit the differential amount towards price of wheat TDPS arising out of upward revision of wheat price w.e.f. 29.1.1999 in pursuance of letter No.775 dated 2.2.99 of Orissa State Civil Supplies Corporation Ltd., (OSCSC), Bhubaneswar. As the said amount was not deposited another letter was issued on 10.9.99 directing the petitioner to deposit the same within five days of receipt of that letter, failing which the amount would be recov¬ered from the deposits made by the petitioner for the month of September, 1999. Being aggrieved the petitioner has approached this Court. 3. The Writ application is pending since 2000. A counter affidavit has been filed refuting the averments/allegations of the petitioner. 4. In course of hearing Mr. Das, learned counsel for the petitioner submits that whether any amount on the aforesaid ac¬count is payable or not has been decided by a Division Bench of this Court in the case of Biswanath Traders v. Government of India &others (OJC No.8579 of 2000 disposed of on 13.9.2003). It is stated that the case of the petitioner is squarely covered by the ratio of the said decision and in fact the petitioner is not liable to pay any amount. But then as it appears the petitioner has not moved either the District Manager, OSCSC Ltd., Jharsuguda or the Collector, Jharsuguda after 04.10.1999. 5. In view of the fact that more than seven years have passed in the meanwhile, I dispose of this Writ Petition giving liberty to the petitioner to file a fresh application before the District Manager, OSCSC Ltd., Jharsuguda and/or the Collector, Jharsuguda explaining all the facts and disowning his liability. If such an application is filed within two weeks hence the same shall be disposed of by the authorities in the light of the decision supra as expeditiously as possible, preferably within a period of six weeks. The petitioner shall also enclose an authen¬ticated Xerox copy of this order. The order be communicated at the cost of the petitioner. Petition disposed of.