IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No. 1145 of 2025 Gangadhar Pattanaik …. Petitioner Mr. P.K. Behera, Advocate -versus- State of Odisha & Others …. Opposite Parties Mr. S.K. Jee, AGA CORAM: JUSTICE BIRAJA PRASANNA SATAPATHY Order No. ORDER 22.04.2025 03. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode. 2. Heard learned counsel appearing for the Parties. 3. The present Writ Petition has been filed inter alia with the following prayer:- “It is therefore prayed that your lordship may graciously be pleased to admit this case and after hearing the counsel from both sides may be pleased to direct the Opp. Party No. 3 and 4 to refund the security deposit Rs.1,40,400/- along with 6% interest thereon from the date of deposit till date of payment to the petitioner for Plotted Development Scheme of Paradeep Municipality as per Term No. 13 (2) of Brochure vide Annexure-1 and 2 of Money receipt of petitioner for the ends of justice; And pass any other order(s), direction(s) as would deem fit and proper for the interest of justice. And for which act of kindness, the petitioner shall as in duty bound, ever pray”. p. 2 p. 2 4. Learned counsel appearing for the Petitioner contended that on the face of the order passed by this Court in OJC No.8887 of 2001, Opposite Party Nos.3 and 4 are not paying back the security deposit of Rs.1,40,400/- along with interest. 4.1. It is contented that this Court in order dtd.19.10.2006 under Annexure-3 though directed the Opposite Party Nos.2 and 3 to refund the amount along with interest but till date the authorities are not complying the said direction, even though vide letter dtd.20.02.2009 under Annexure-4, Petitioner was requested to take back the said amount with prevailing bank interest rate. 4.2. Considering the stand taken in the Writ Petition and the prayer made, this Court passed the following order on 17.03.2025:- “1. This matter is taken up through Hybrid Arrangement (Virtual / Physical) Mode. 2. Heard learned counsel appearing for the Parties. 3. Considering the nature of relief claim and the documents available at Annexure-4, learned counsel for the petitioner is directed to provide the documents that in terms of Annexure-4 he approached the authority for release of the amount. 4. As requested, list this matter in the week commencing 24th March, 2025”. 4.3. Pursuant to the said order various documents have been filed by way of a memo showing that basing on Annexure-4, Petitioner though approached the p. 3 p. 3 Executive Officer, Paradeep Municipality on different dates, but the authorities are not releasing the amount along with interest. This Court after going through the documents enclosed to the memo finds that all those documents though have been addressed to the Executive Officer of the Municipality, but there is no proof that those are submitted before the Executive Officer at any point of time. In absence of any such proof regarding service of all those representation before the Executive Officer, this Court is unable to accept the same. 4.4. However, considering the fact that Petitioner has not got the benefit in terms of the earlier order, this Court directs Opposite Party No.3 to refund the security amount along with interest till 20.02.2009, if the amount has not yet been released in the meantime. Such amount be released within a period of six (6) weeks from the date of receipt of this order. 5. Accordingly, the Writ Petition stands disposed of. (Biraja Prasanna Satapathy) Judge Subrat