Orissa High Court
M/S. Balaji Traders vs State Of Odisha And Others .... Opp. ... on 22 April, 2025
Author: K.R. Mohapatra
Bench: K.R. Mohapatra
Signature Not Verified
Digitally Signed
Signed by: ROJALIN NAYAK
Designation: JUNIOR STENOGRAPHER
Reason: Authentication
Location: HIGH COURT OF ORISSA, CUTTACK
Date: 23-Apr-2025 10:55:24
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C). NO.2273 OF 2025
M/s. Balaji Traders, Jajpur .... Petitioner
Mr. Bijay Jena, Advocate
-versus-
State of Odisha and others .... Opp. Parties
Mr. Swayambhu Mishra,
Additional Standing Counsel
CORAM:
JUSTICE K.R. MOHAPATRA
JUSTICE ANANDA CHANDRA BEHERA
ORDER
Order No. 22.04.2025
05. 1. This matter is taken up through hybrid mode.
2. Petitioner in this writ petition prays for a direction to the Deputy Director of Mines-cum-Controlling Authority, Jajpur- Opposite Party No.6 to allow him to operate the sand quarry, namely, Bhagatpur Sand Sairat Source (for brevity the 'Sand Quarry') and also to direct the Opposite Party Nos.6 and 7 to extend the lease period in proportion of pendency of litigation before this Court.
3. Mr. Jena, learned counsel for the Petitioner submits that the Petitioner, being the highest bidder, was allowed to operate the Sand Quarry by executing the lease agreement on 4th August, 2020 and depositing the royalty of Rs.41,37,319/- for the first year. After operating only for two days, the Tahasildar, Rasulpur-Opposite Party No.5, who was then the Competent Authority, directed him to stop the quarry operation. It is his submission that one Binod Kumar Pandit along with others had filed W.P.(C).(PIL) No.22162 Page 1 of 5 Signature Not Verified Digitally Signed Signed by: ROJALIN NAYAK Designation: JUNIOR STENOGRAPHER Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 23-Apr-2025 10:55:24 of 2020 before this Court challenging the steps taken for operation of the quarry, namely, Bhagatpur Sand Sairat Source. This Court, considering the case of the Petitioner, disposed of the writ petition vide order dated 4th September, 2020 with the following direction:
" On a pointed query made by this Court, Mr. P.P.Mohanty, learned Additional Government Advocates submits that the mining operation as per relevant laws is not allowed to be carried out till the approval of the mining plan as well as environment clearance is obtained and lease deed is executed. In view of the above statement of the learned Additional Government Advocate, we require the Collector, Jajpur (OP No.2) to ensure non-lifting/non-excavation of sand from the Sairat in question until redressal of grievance of the petitioners.
Accordingly, this Court gives liberty to the petitioners to file a comprehensive representation before the Collector, Jajpur (OP No.2) within a period of seven days from today, who shall do well to dispose of the same in accordance with law within a period of one month from the date of filing of such representation by passing a reasoned order. As lock-down period is continuing for COVID-19, learned counsel for the petitioner may utilize the soft copy of this order available in the High Court's website or print out thereof at par with certified copies in the manner prescribed, vide Court's Notice No.4587 dated 25.03.2020."
4. Accordingly, said Binod Kumar Pandit filed a representation before the Collector, Jajpur, which was registered as Misc. Case No.29 of 2020. The Collector, Jajpur vide order dated 17th December, 2020 (Annexure-B/6 to the Counter Affidavit) dismissed the said representation being devoid of any merit and directed to communicate all concerns accordingly along with copy Page 2 of 5 Signature Not Verified Digitally Signed Signed by: ROJALIN NAYAK Designation: JUNIOR STENOGRAPHER Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 23-Apr-2025 10:55:24 of the said order. Said Binod Kumar Pandit and others being not satisfied with the order passed by the Collector, Jajpur, filed W.P.(C).(PIL) No.7611 of 2021 before this Court, which was dismissed as not pressed vide order dated 29th April, 2024. For the entire period as aforesaid, the Petitioner was not permitted to operate the Sand Quarry, although, he is otherwise entitled to the same. Accordingly, the Petitioner made a representation to the Deputy Director of Mines-cum-Controlling Authority, Jajpur to allow him to permit the Sand Quarry as by then, the administrative control of the sand sairats were transferred to the Steel and Mines Department. Upon receipt of the representation filed by the Petitioner, the Deputy Director of Mines-cum-Controlling Authority, Jajpur sought for a clarification from the Tahasildar, Rasulpur vide his Letter No.1455/MM dated 8th May, 2024. On receipt of the said letter, the Tahasildar, Rasulpur vide Letter No.1686 dated 24th June, 2024 (Annexure-F/6 to the Counter Affidavit) clarified as under:
"Point wise clarification as called for by you are given below in details:
1. The clarification as called for is mentioned in detail at para-A of this letter.
2. The 2nd year demand amount will be realised from the transferee as per Rule-45 (Ch-VIII of the OMMC Rules, 2016 after proper verification of Illegibility the both transfer and transferee subject to contain conditions as mentioned in Rule 45.
3. The status of the WP(C) No.7611/2011 is pending for hearing before in the Hon'ble Court, Odisha, Cuttack (copy enclosed).Page 3 of 5 Signature Not Verified Digitally Signed Signed by: ROJALIN NAYAK
Designation: JUNIOR STENOGRAPHER Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 23-Apr-2025 10:55:24 In view of the above facts, I am request to you for necessary consideration of the app of the M/S-Balaji Traders prop- Prabhudutta Jena, S/o-Pitambar Jena, At-Kumari, PO/PS- Dharmasala, District-Jajpur for transfer of the lease to Sri Subash Chandra (transferee), 5/o-Late rendranatha Behera, At-Balikuda, Po-Gopalpur, PS-Cuttack District Cuttack This is for your information and necessary action at your end."
5. It is submitted by Mr. Jena, learned counsel for the Petitioner that although the Tahasildar, Rasulpur clarified at Point No.3 that W.P.(C). No.7611 of 2021 was pending by then, but, the said writ petition has already been disposed of by now. Thus, it is submitted by Mr. Jena, learned counsel for the Petitioner that there is no legal impediment on the part of the Deputy Director of Mines-cum- Controlling Authority, Jajpur in permitting the Petitioner to operate the Sand Quarry. Hence, he prays for the aforesaid relief.
6. Mr. Mishra, learned Additional Standing Counsel submits that there is no dispute with regard to the factual position, as narrated by Mr. Jena, learned counsel for the Petitioner. However, the Deputy Director of Mines-cum-Controlling Authority, Jajpur has to take a decision to allow the petition to operate the Sand Quarry. Hence, a direction may be issued to the concerned Deputy Director of Mines to take a decision to allow the Petitioner to operate the lease.
7. It is however, informed to the Court that the lease granted in favour of the Petitioner is still valid and will expire on 4th August, 2025.
Page 4 of 5 Signature Not Verified Digitally Signed Signed by: ROJALIN NAYAKDesignation: JUNIOR STENOGRAPHER Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 23-Apr-2025 10:55:24
8. Thus, this Court, taking into consideration the submission made by learned counsel for the parties, directs that the Deputy Director of Mines-cum-Controlling Authority, Jajpur to allow the Petitioner to operate the Sand Quarry, namely, Bhagatpur Sand Sairat Source, Rasulpur for rest of the period of the lease, i.e., till 3rd August, 2025.
9. If an application is made by the Petitioner to operate the Sand Quarry proportionate to the period he was restrained from operating the lease due to pendency of the litigations as aforesaid, beyond 3rd August, 2025, the same shall be considered keeping in mind that the Petitioner has no contribution in not operating the Sand Quarry for the aforesaid period. It is due to restraint order passed by this Court and pending litigation he was not allowed to operate the Sand Quarry.
10. With the aforesaid observations and directions, this writ petition is disposed of.
11. It is made clear that the Petitioner shall be allowed forthwith to operate the Sand Quarry on production of certified copy of this order before the Deputy Director of Mines-cum-Controlling Authority, Jajpur.
Urgent certified copy of this order be granted on proper application.
(K.R. Mohapatra)
Judge
(A.C. Behera)
Rojalin Judge
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