High CourtsDivision Bench(2023) 02 OHC CK 0112

Sangram Kumar Mohanty vs State Of Orissa And Others

Orissa High Court · Decided on 16 February 2023

HON’BLE JUDGES
Dr. S. Muralidhar, CJ · M.S.Raman, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition (C) No. 3276 Of 2018

AI Structured Summary

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Judgment

7 paragraphs · 230 words
1.

The Petitioner has challenged the demand notice dated 3rd February, 2018 (Annexure-2), whereby the Government has raised the demand on the basis of audit objection.

2.

From the record, it is seen that the impugned demand notice was issued without following the due procedure of law.

3.

In that view of the matter, it is directed that the impugned demand notice (Annexure-2) be treated as notice on the Petitioner and it will be open to the Petitioner to file a reply to the said demand notice within a period of two weeks hence before the Opposite Party-Government. If such reply is filed by the Petitioner along with certified copy of this order, the State Government will decide the same in accordance with law and pass a reasoned order not later than 17th April, 2023, preferably after hearing the Petitioner, and the decision be communicated to the Petitioner not later than 24th April, 2023. Till then, no recovery will be made from the Petitioner. If the Petitioner is aggrieved by such decision, it will be open to him to seek appropriate remedies in accordance with law.

4.

The writ petition is disposed of in the above terms.

5.

It is made clear that this Court has not expressed any opinion on the merits of the case.

6.

An urgent certified copy of this order be issued as per rules.

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