IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No. 32534 of 2024 Vesaj Limited & Ors. ..…... Petitioner(s) Ms. Bhumika Chouksey, Adv. -Versus- State of Odisha & Ors. ………. Opposite Parties Ms. J. Sahoo, ASC Mr. Dhananjaya Mund, Adv. for O.P.3 CORAM: DR. JUSTICE S.K. PANIGRAHI ORDER 08.04.2025 Order No. 01. 1. This matter is taken up through a hybrid arrangement. 2. Heard learned counsel for the parties. 3. The Petitioners, by filing this Writ Petition, have challenged the notification No.21349 dated 24.08.2023 issued by the Government of Odisha, Health & Family Welfare Department as illegal, unfair, arbitrary, unreasonable and ultra vires of the Bio- Medical Waste Management Rules, 2016" (hereinafter referred to as "The Rules of 2016") and the Environment Protection Act, 1986. 4. Learned counsel for the Petitioner submits that the Petitioners are the private HCUs established and primarily operating in Digitally Signed Signed by: LITARAM MURMU Designation: Personal Assistant Reason: Authentication Location: OHC Date: 10-Apr-2025 18:24:21 Signature Not Verified 2 Sundargarh district. The Petitioners are aggrieved by the notification dated 24.08.2023 issued by the Government of Odisha, Health and Family Welfare Department/Opposite Party No.1. She further submits that the Opposite Party No.1 vide the said notification beyond the powers provided under the Bio- Medical Waste Management Rules, 2016 and the Environment Protection Act,1986 has determined and revised the rates to be charged from the HCUs by the CBWTDFs. 5. Learned counsel for the Petitioners further contends that the Petitioners being aggrieved by the said notification have approached the Opposite Party No.1 by way of a representation dated 08.12.2024. The said representation is still pending. Hence, the Petitioners are constrained to approach this Court. 6. On the other hand, learned counsel for the Opposite Party No.3 submits that the Government Hospitals of the State and many of the private hospitals have agreed to the revised rate. Hence, there is no reason as to why the present Petitioners are not agreeable to the revised rate. 7. In such view of the matter and considering the submission made by the parties, since this case falls under the domain of private and contractual dispute, this Court is conservative in deciding such issue. However, the parties are directed to settle their dispute amicably by way of negotiation. Digitally Signed Signed by: LITARAM MURMU Designation: Personal Assistant Reason: Authentication Location: OHC Date: 10-Apr-2025 18:24:21 Signature Not Verified 3 8. Accordingly, the Writ Petition is disposed of. ( Dr. S.K. Panigrahi) Judge Murmu Designation: Personal Assistant