Orissa High Court
Umakanta Boitai vs Addl. Chief Secretary To Govt on 16 April, 2024
Bench: B.R. Sarangi, G. Satapathy
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No. 37557 of 2023
Umakanta Boitai ..... Petitioner
Mr. H.S. Mishra, Advocate
Vs.
Addl. Chief Secretary to Govt., ..... Opposite Parties
Revenue and Disaster Management
Department & Ors.
Mr. S.S. Pradhan, AGA
CORAM:
DR. JUSTICE B.R. SARANGI
MR. JUSTICE G. SATAPATHY
ORDER
16.04.2024 Order No. This matter is taken up by hybrid mode.
03.
2. Heard Mr. H.S. Mishra, learned counsel for the petitioner and Mr. S.S. Pradhan, learned Addl. Government Advocate appearing for the State-opposite parties.
3. The petitioner has filed this writ petition seeking to quash the order dated 07.02.2023 passed by opposite party no.2-Revenue Divisional Commissioner (Central Division), Cuttack in Sairat Appeal No.2 of 2022 under Annexure-1, by confirming its initial order dated 28.10.2022 under Annexure-2 and issuing direction to opposite parties no.3 and 4 to implement the said initial order under Annexure-2 in letter and spirit for computation of the extended lease period and accordingly execute further lease for the said period in respect of Nerada-II Sand Sairat Source under Bhandaripokhari Tashasil in the district of Bhadrak.
4. Mr. H.S. Mishra, learned counsel appearing for the petitioner vehemently contended that once opposite party no.2 has exercised its power under Rule 46(1) of the Odisha Minor Minerals Concession Rules, 2016 (for short "OMMC Rules, 2016") and passed reasoned Page 1 of 3 order under Annexure-2 dated 28.10.2022, he has no jurisdiction to pass a fresh order annulling the said initial order, vide order dated 07.02.2023 under Annexure-1 and, as such, such power is not available to him, particularly when no notice has been issued to the petitioner while passing such order under Annexure-1. Thereby, opposite party no.2 has acted arbitrarily, unreasonably and contrary to the provisions and consequentially the order impugned passed by opposite party no.2 under Annexure-1 should be quashed.
5. Mr. S.S. Pradhan, learned Addl. Government Advocate appearing for the State-opposite parties, on the other hand, contended that as per Rule 55 of the OMMC Rules, 2016 power has been vested with the authority to rectify the apparent mistakes and by passing the impugned order under Annexure-1 opposite party no.2 has rectified the mistakes committed in its earlier order under Annexure-2 and, thereby, the order passed by opposite party no.2 under Annexure-1 is well within its competence and consequentially the same does not warrant interference of this Court.
6. On perusal of Rule-55 of the OMMC Rules, 2016, this Court finds that the said provisions read thus:-
"55. Power to rectify apparent mistakes:- Any clerical or arithmetical mistake in any order passed by the Government or any other authority under these rules and any error arising therein from accidental slip or omission, may, within six months from the date of issue of the order, be corrected by the Government or the authority, as the case may be:
Provided that no order prejudicial to any person shall be passed unless such person has been given a reasonable opportunity of being heard."
Thus, the aforementioned provisions make it clear that any clerical or arithmetical mistake in any order passed by the Government or any other authority under the rules and any error arising therein from accidental slip or omission, may, in exercise of power under Rule-55, Page 2 of 3 be corrected by the authority. But this matter does not come under Rule-55, as contended by the learned State Counsel. Therefore, this Court calls upon opposite party no.2 to explain by filing an affidavit as to under what power he has exercised his authority to pass the impugned order under Annexure-1.
7. Issue notice to the opposite parties.
8. No notice need be sent, since Mr. S.S. Pradhan, learned Addl. Government Advocate accepts notice for the opposite parties no.1 to
5. However, five extra copies of the writ petition be served on Mr. Pradhan by day after tomorrow ((18.04.2024) in order to enable him to get instructions and file affidavit by 25th of April, 2024.
Call this matter on 26th April, 2024.
(DR. B.R. SARANGI) JUDGE (G. SATAPATHY) JUDGE Subhasmita Signature Not Verified Digitally Signed Signed by: SUBHASMITA DAS Designation: Sr. Stenographer Reason: Authentication Location: High Court of Orissa Date: 18-Apr-2024 18:39:48 Page 3 of 3