NAWAL KISHORE LODHA Vs. STATE OF ORISSA

JUDGEMENT

(1.) HEARD

(2.) THE petitioner who is a Storage Agent of Jharsuguda Municipality by order dated 01.3.1999 vide Annexure -4 was directed 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 recovered from the deposits made by the petitioner for the month of September, 1999. Being aggrieved the petitioner has approached this Court.

(3.) IN course of hearing Mr. Das, learned counsel for the petitioner submits that whether any amount on the aforesaid account 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.