Orissa High Court
Ramesh Prasad Sao vs State Of Odisha And Others .... Opp. ... on 29 October, 2021
Author: B. P. Routray
Bench: B. P. Routray
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.17796 of 2021
Ramesh Prasad Sao .... Petitioner
Mr. Sandeep Sethi, Sr. Advocate along with
Mr. Nabin Kumar, Advocate
-versus-
State of Odisha and Others .... Opp. Parties
Mr. Ashok Kumar Parija, AG with
Mr. P.K. Muduli, AGA
CORAM:
THE CHIEF JUSTICE
JUSTICE B. P. ROUTRAY
ORDER
Order No. 29.10.2021 W.P.(C) No.17796 of 2021 & I.A. No.8098 of 2021
06. 1. After hearing learned counsel for the parties the following interim arrangement as agreed upon by the parties is directed to be implemented:
(i) The Petitioner will, on or before 8th November, 2021, apply to the authorities for issuance of transit passes for removal of the mined stock pertaining to the lease period which expired on 31st March, 2020.
(ii) The above application shall be processed by the authorities and transit passes shall be issued in accordance with law on or before 15th November, 2021.
(iii) For a period of one month thereafter, i.e. up to 15th December, 2021 (or a corresponding later date, one month from the actual date of the issuance of the transit passes) Page 1 of 2 // 2 // the Petitioner will be permitted to remove whatever stock they are able to remove in terms of Section 12 (1) (hh) of the Minerals (Other than Atomic and Hydrocarbons Energy Minerals) Concession Rules, 2016. It is clarified that the responsibility and liability if any in this regard will be of the erstwhile lessee with no liability attaching to the present lessee.
(iv) The question as to what should happen to the remaining unremoved stock as on 15th December, 2021 (or the later date as indicated in (ii) above) will be decided by this Court while hearing the writ petition finally.
2. The above interim arrangement is be without prejudice to the rights and contentions of the parties.
3. Counter affidavit to the main petition be filed on or before 13th December, 2021 with copies to the counsel for the Petitioners. Rejoinder thereto, if any, be filed before the next date.
4. List on 20th December, 2021.
5. An urgent certified copy of this order be issued as per rules.
(Dr. S. Muralidhar) Chief Justice ( B.P. Routray) Judge M.K. Panda Page 2 of 2