Facts of the Case

The petitioner, G. Gopal Rao Dora, filed W.P.(C) No.25592 of 2023 before the Orissa High Court against the Managing Director, Odisha Construction Corporation Ltd. and others, seeking disposal of a representation (Annexure-3 series) in which he had sought refund of a Security Deposit, IST, a withheld GST amount, and other amounts withheld in respect of certain works. The matter was heard through hybrid mode and decided on 24.08.2023.

Issues Involved

  1. Whether the Court should direct the respondent authorities to simply 'dispose of' the petitioner's representation, or whether a more substantive remedy was required.

Petitioner's Arguments

  • The petitioner made what the Court itself described as an 'innocuous' prayer, seeking only a direction to the authorities to dispose of his pending representation for refund of the security deposit, IST, and withheld GST amount.

Respondent's Arguments

  • No specific defence is recorded on behalf of the opposite parties; the Court disposed of the matter primarily on its own assessment that the limited relief sought was inadequate.

Court Order / Findings

  • The Bench held that it was not inclined to entertain such an innocuous prayer, observing that a mere direction to dispose of the representation would not suffice to resolve the petitioner's actual claim.
  • The writ petition was disposed of granting the petitioner liberty to pursue his remedy before the appropriate authority in terms of the governing agreement/DTCN (Detailed Tender-cum-Contract Notice) applicable to him.

Important Clarification

The Court did not decide whether the petitioner was entitled to the refund of the security deposit or the withheld GST amount; it left him to pursue the substantive remedy available under his contract with the authority. A writ petition seeking only a 'consider and dispose of' direction on a monetary claim may be treated as an inadequate remedy where a more direct contractual or statutory avenue exists.

Sections Involved

  • Constitution of India, 1950 — Article 226 (writ jurisdiction)
  • Terms of the governing works contract / DTCN (referenced for the security deposit and withheld amounts; no GST statute was interpreted)

Decision – In Favour of

Disposed of without granting the specific relief sought — neither party succeeded on merits; the petitioner was left to pursue his remedy under the contract before the appropriate authority.

Case Details

High Court of Orissa at Cuttack | W.P.(C) No.25592 of 2023 | Coram: Dr. Justice B.R. Sarangi and Mr. Justice Murahari Sri Raman | Date: 24.08.2023.

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