Orissa High Court
Mr. D. Dandapani Dora vs Union Of India & Ors. ........ Opposite ... on 5 March, 2025
Author: S.K. Panigrahi
Bench: S.K. Panigrahi
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No. 6310 of 2025
Mr. D. Dandapani Dora ........ Petitioner(s)
Mr. Susanta Kumar Baral, Adv.
-Versus-
Union of India & Ors. ........ Opposite Party(s)
Mr. Millan Kumar, CGC
CORAM:
DR. JUSTICE S.K. PANIGRAHI
ORDER
05.03.2025 Order No.
01. 1. This matter is taken up through hybrid arrangement.
2. Heard learned counsel for the parties.
3. The present Writ Petition has been filed by the Petitioner with the following prayer:
"It is therefore, prayed that this Hon'ble Court may graciously be pleased to admit the writ application, issue notice to Opp. parties and after hearing the parties quash the order dated 24.12.2024 passed under Annexure-7 and direction be issue to the Opp. Party authorities more particularly Opp. party No-3 to 6 and 9 to enquired about the matter and take appropriate legal action against the Opp. party No-7 and 8 for theft/illegal lifting of Murom from the scheduled land of the petitioner and also direction be issue to Opp. Party No-7 and 8 to pay adequate compensation in view of inquiry report submitted by Tahasildar, Ganjam under Signature Not VerifiedAnnexure-6 series. Digitally Signed And further pleased passed to any other order/orders, Signed by: LITARAM MURMU Designation: Personal Assistant direction/directions as would deems fit and proper by this Hon'ble Reason: Authentication Location: OHC Court;"
Date: 05-Mar-2025 18:42:11 2
4. During the course of hearing, learned counsel for the State submits that the claim of the present Petitioner is attracting the provision of criminal proceeding under OMMC Rules. Hence, the Petitioner should approach the appropriate Authority under OMMC Rules. In this regard, he refers the impugned order dated 24.12.2024 passed by the Collector, Ganjam. The said order dated 24.12.2024 is extracted hereunder:
" xxx xxx xx In view of the above facts and as reported by the Tahasildar, Ganjam the alleged contractor is not cooperating in redressing the grievance of the Petitioner. Further, the claim of the petitioner is attracting the provision of criminal proceeding under OMMC Rules, hence, the petitioner is advised to take the shelter of appropriate authority under OMMC Rules by filing petition under the provision of Prevention of theft and illegal lifting of Minor Minerals before the Controlling Authorities under OMMC Rules. Simultaneously, the representation of the petitioner is transmitted to the Deputy Director, Mining, Berhampur for taking necessary further action in the matter at his level."
5. In such view of the matter, this Court is not inclined to entertain the prayer made in this Writ Petition. However, the Petitioner is directed to approach the appropriate authority i.e. the Deputy Director of Mines, Ganjam Circle, Berhampur for redressal of his grievance under the appropriate provisions of Signature Not Verified Digitally Signed Signed by: LITARAM MURMU law by way of a petition. In such event, the said authority shall Designation: Personal Assistant Reason: Authentication Location: OHC dispose of the grievance petition to be filed by the Petitioner Date: 05-Mar-2025 18:42:11 3 within a period of one month from the date of presentation of the said petition along with a certified copy of this order.
6. Accordingly, the Writ Petition is disposed of.
( Dr. S.K. Panigrahi) Judge Murmu Signature Not Verified Digitally Signed Signed by: LITARAM MURMU Designation: Personal Assistant Reason: Authentication Location: OHC Date: 05-Mar-2025 18:42:11