Orissa High Court
Dinakrushna Pattanaik vs State Of Odisha And Others .... Opposite ... on 2 August, 2021
Bench: S.K.Mishra, Savitri Ratho
THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No. 21196 of 2021
Dinakrushna Pattanaik .... Petitioner
Mr. Subash Chandra Puspalaka,
Advocate
-versus-
State of Odisha and others .... Opposite Parties
Mr. B.P.Tripathy, AGA
CORAM:
JUSTICE S.K.MISHRA
JUSTICE SAVITRI RATHO
ORDER
02.08.2021 Order No. 02 This matter is taken up by hybrid mode.
Learned counsel for the petitioner undertakes to remove the defect no.7(i) within three days.
Learned counsel for the petitioner submits that the petitioner has challenged the order dated 7.7.2021 passed by the Sub-Collector, Talcher (O.P. No.3) passed in Touzi Misc. Case No. 6 of 2021 awarding the work in favour of Banambar Bhutia (O.P. No.5) dismissing the appeal filed by the petitioner under section 46(1) of Odisha Minor Minerals Concession Rules, 2016.
The specific case of the petitioner was that the solvency certificate submitted by Banambar Bhutia (O.P. No.5) for Rupees one crore and ten lakh was not sufficient as per Rule 27(4)(iv) of OMMC Rules. Though this fact was brought to the notice of the Sub-Collector, Talcher (O.P. No.3), the appeal was dismissed directing the Tahasildar, Talcher (O.P. No.4) to intimate the said Banambar Bhutia (O.P. No.5) for submission of deficit amount and ask for his willingness to // 2 // furnish fresh solvency certificate/bank guarantee of requisite amount as per Rule-27(4)(iv) of the OMMC Rules, 2016 within a specified time.
Learned counsel for the petitioner submits that this approach of the Sub-Collector, Talcher (O.P.NO.3) is erroneous and not in accordance with the Rules prescribed. Hence we issue notice to the opposite parties.
Since Mr. B.P.Tripathy, learned Additional Government Advocate accepts notice for O.Ps.1 to 4, three extra copies of the brief be served on him. Requisites for issue of notice to O.P. No.5 by registered post with A/D shall be filed within one week. The notice be made returnable within four weeks.
List this matter on 13.09.2021. Counter affidavit, if any, shall be filed in the meantime.
(S.K.Mishra) Judge ( Savitri Ratho) Judge I.A. No. 9769 of 2021 03 Issue notice as above.
Opposite Party No.5 shall not be awarded the work even though he complies with the order of the Sub-Collector and removes the defect. However, we are not restraining the O.P.- authority to go for fresh tender of the Gopinathpur Sand Quarry.
// 3 // Issue urgent certified copy of the order on proper application.
(S.K.Mishra) Judge ( Savitri Ratho) Judge dutta