Orissa High Court
WP(C)/20068/2020 on 6 October, 2020
Author: K.R. Mohapatra
Bench: K.R. Mohapatra
W.P.(C) No.20068 of 2020
03. 06.10.2020 Due to outbreak of COVID-19, this matter is taken
up through Video Conferencing.
Heard Mr. P.K. Mohapatra, learned counsel for the
petitioners and Mr. S.N. Mishra, learned Additional
Government Advocate for the State-opposite parties.
The petitioners are some of the villagers of Village-
Tunagambharia under Badasahi P.S. in the district of
Mayurbhanj have filed this writ petition assailing the
grant of lease of minor mineral (sand) granted in favour
of the opposite party no.5 pursuant to work order
No.1142 dated 29.05.2020 issued by the Tahasildar,
Badasahi, Mayurbhanj-opposite party no.4.
Mr. Mohapatra, learned counsel for the petitioners
submits that since the sand sairat situates within a
scheduled area, the authorities before granting the lease
under the Odisha Minor Mineral Concession Rules,
2016 ought to have complied with Section 4 of the
Panchayats (Extension to the Scheduled Areas) Act,
1996 (for short 'the PESA Act'). He further submits that
the opposite party no.5 after receiving the work order
has also violated the terms of the lease and has
obstructed the free flow of Balanga river for which the
Sub-Collector, Baripada, Mayurbhanj vide his letter
No.4229 dated 09.06.2020 directed the Executive
Engineer, Mayurbhanj Irrigation Division, Baripada,
Mayurbhanj to make an inquiry and do the needful. In
that view of the matter, he prays for quashing the work
order no.1142 dated 29.05.2020 issued by the
Tahasildar, Badasahi, Mayurbhanj-opposite party no.4.
2
Mr. Mishra, learned Additional Government
Advocate for the State, on the other hand, submits that
if there is any violation of PESA Act, then the Sub-
Collector, Baripada, Mayurbhanj-opposite party no.3 is
the competent to take a decision on the same and do
the needful.
In that view of the matter, this Court without
expressing any opinion on the merits of the case,
disposes of the writ petition with a direction that in the
event the petitioners file a representation before the
Sub-Collector, Baripada, Mayurbhanj-opposite party
no.3 ventilating their grievances within a period of two
weeks hence, he shall do well to consider the same and
do the needful as expeditiously as possible preferably
within a period of six weeks from the date of filing of
such representation along with an authenticated copy
of this order downloaded from the website of the Orissa
High Court.
Authenticated copy of this order downloaded from
the website of this Court shall be treated at par with
certified copy in the manner prescribed in this Court's
Notice No.4587 dated 25.03.2020.
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K.R. MOHAPATRA,J.
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