Tata Iron & Steel Company Ltd. And Another vs State Of Odisha And Others

Mr. R.K. Mohanty, learned Senior Advocate appearing on behalf of the State of Odisha (Opposite Parties) in all these matters along with Mr.

Arnab Behera, learned counsel states at the outset that the State Cabinet will have to take a decision on whether the benefit extended to the public

sector companies can also be extended to the private sector companies, some of whom are the Petitioners before this Court. He further states that in

view of the ongoing elections to the rural bodies and with the elections to the urban bodies imminent, such cabinet decisions cannot be taken till the

completion of both the elections. He further states that although counter affidavit filed in one of the cases was adopted for other cases, given the

averments in some of the petitions including the one filed by the Railways in W.P.(C) No.4154 of 2003 (Union of India v. State), a specific counter

affidavit has to be filed by the State.

Mr. A.N. Das, learned counsel for the Petitioner in OJC No.1899 of 1996 and OJC No.6503 of 2000 (Ballarpur Industries Ltd. v. State) states that

the company has been taken over by a new private enterprise and a representation has been made to the Government to waive the water tax dues.

He states that the Petitioner is therefore awaiting the decision of the government thereon. In reply, Mr. R.K. Mohanty, learned Senior Advocate

appearing for the State states that such decision can also be taken only after the Cabinet is able to meet.

Mr. Sarangi, learned counsel appearing for the Petitioner in OJC No.10916 of 1997, OJC No.1903 of 1995 and OJC 3178 of 1995 states that

rejoinder affidavits have to be filed in those matters and seeks some time.

It is therefore inevitable that the present proceedings have to be adjourned.

The State of Odisha will file its reply affidavits, in the petitions in which it chooses to do so, not later than 21st June, 2022. The decision of the

Cabinet both as regards the question of extension of the benefit made available to the public sector companies, to other private sector undertakings, as

well as the decisions with regard to two writ petitions in the Ballarpur Industries cases, will also be placed on record with the said counter affidavits.

The rejoinder affidavits thereto, if any, be filed before the next date.

Parties will also file their respective written submissions enclosing copies of the decisions they rely on, before the next date.

List on 28th June, 2022.

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