Organisation, more
particularly under Rule 39 of the OMMC Rules. Rule 39 of the
OMMC Rules runs thus:-
WP(C) No.30269 of 2023 Page ... reasonably gathered
from the language used in sub-rule (5) of Rule 39 of the OMMC
Rules that the said provision is applicable only where
said Mining Officer referred to sub-rule(4) of Rule 25 of the
OMMC Rules, 2016, which reads thus:
Page ... reproduce the provisions
contained in Rule 32 and sub-rule (15) of Rule 33 of the
OMMC Rules, 2016, which run thus:
"32. Liability
violative of Rule 32 and Rule 33
(15) of the Odisha Minor Minerals Concession Rules, 2016 (in
short, 'the OMMC Rules ... reproduce
the provisions contained in Rule 32 and sub-rule (15) of Rule 33
of the OMMC Rules, 2016, which run thus:
"32. Liability
quarry lease agreement under
Rule 27(13) of the Odisha Minor Minerals Concession Rules, 2016
(for short, "OMMC Rules") in respect of Sahupada ... Rule 64 of the
Odisha Minor Minerals Concession Rules, 2016 which reads as
follows:
"64. Power of the Government to relax the rules
terms of provisions
envisaged under Rules 16 & 18 of OMMC Rules, 2016,
Respondent No.3 (Madhusudan Jena) being the highest
bidder is allowed ... prescribed under Rule 27(13) of
the Odisha Minor Minerals Concession Rules, 2016 (for
short, "the OMMC Rules, 2016") in favour
Mining Officer,
Cuttack and any other competent authority under the OMMC Rules) are
directed to initiate and conclude appropriate proceedings against the petitioner ... levy a penalty under Rule 51(1)(xi)
of the OMMC Rules, such penalty notice should be issued forthwith, so that
the petitioner may contest
statutory provisions contained in the said OMMC Rules.
Sub-Rule (7) of Rule 51 of the OMMC Rules provides for
cancellation of a lease ... Mines Department. On a conjoint reading of Sub-Rule (7) of Rule
51 of the OMMC Rules with the definition of "Competent
Authority
However, this Court is taken to Rule 64 of the
OMMC Rules, 2016 which reads as follows:
"64.Power of the Government to relax ... Rule 64 of the
Odisha Minor Minerals Concession Rules, 2016 which reads as
follows:
"64. Power of the Government to relax the rules
However, this Court is taken to Rule 64 of the
OMMC Rules, 2016 which reads as follows:
"64.Power of the Government to relax ... Rule 64 of the
Odisha Minor Minerals Concession Rules, 2016 which reads as
follows:
"64. Power of the Government to relax the rules
However, this Court is taken to Rule 64 of the
OMMC Rules, 2016 which reads as follows:
"64.Power of the Government to relax ... Rule 64 of the
Odisha Minor Minerals Concession Rules, 2016 which reads as
follows:
"64. Power of the Government to relax the rules
