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2015 DAILYLAW 818 (ORI)

M/S.KAPILESWAR RICE MILL,DASHGHRA,KALAHANDI v. STATE OF ORISSA

WP(C)/22043/2015 · 2026-07-07

Biraja Prasanna Satapathy

Writ Petition (Civil)body2015

Judgment text

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Page 1 of 2. IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No. 22043 of 2015 M/s. Kapileswar Rice Mill, Dasghra, Kalahandi ..... Petitioner Mr. D. Mund, Advocate -versus- State of Odisha & Ors. ..... Opposite Parties Mr. S.K. Pattanaik, Advocate (Opp. Party No. 2) CORAM: THE HON'BLE MR. JUSTICE BIRAJA PRASANNA SATAPATHY ORDER 07.07.2026 Order No. 03 1. This matter is taken up through hybrid mode. 2. Heard learned counsel for the Petitioner and learned counsel appearing for the Opp. Parties. 3. Petitioner has filed the present writ petition inter alia with the following prayer:- “It is therefore prayed that, this Hon'ble Court may graciously be please to admit the writ application, call for the records, issue Rule NISI, thereby calling upon the Opp. Parties to show cause as to why the demand and recovery notice vide Memo No. 5479, dt.29.3.2014 under annexure 14 of Op. No. 1 shall not be declare as illegal and the same shall not be quash and as to why a writ mandamus shall not be issued to the Opp. Parties to settle the account of the petitioner's mill for the KMS 2010-11 by adjusting the loss sustained by the petitioner and on fixing suitable terms and conditions. If the Opp. Parties do not show cause or show insufficient cause made the Rule absolute. Page 2 of 2. And issue appropriate writ/writs, direction(s)/order(s) as this Hon'ble Court deems fit and proper. And for this act of kindness the petitioner as on duty bound ever pray.” 4. However, taking into account the claim raised in the present Writ Petition, liberty is granted to the Petitioner to make a fresh representation before Opp. Party No. 1 by enclosing all the relevant documents and citations in support of his claim, if any, within a period of three (3) weeks hence. 5. It is observed that if such representation is filed within the aforesaid time period, Opp. Party No. 1 shall do well to take a lawful decision on the same within a period of three (3) months from the date of receipt of such representation. The order so passed by Opp. Party No. 1 be communicated to the Petitioner. 6. Till a decision is taken as directed, interim order passed on 14.12.2015 shall continue. 7. With the aforesaid observation and direction, the Writ Petition is disposed of. (BIRAJA PRASANNA SATAPATHY) Judge Sneha