JAGANNATH MINERALS Vs. STATE OF ORISSA

JUDGEMENT

(1.) IN this writ application, the petitioners have challenged the revocation of Mining Lease transfer order dated 6.2.2007 passed by the Deputy Secretary to Government of Orissa, Department of Steel and Mines and cancellation of removal permission for iron ore (vide Annexure -14) and issuance of working permission in favour of a dead person, namely, Late Manoranjan Das (vide Annexure -16).

(2.) THE facts leading to this case are as follows:

(3.) AS Manoranjan Das retired and also died, Deepak Kumar Rana being a single person approached his father -in -law and brother -in -law to become partners in M/s. Jagannath Minerals to help him to run the mining business. They in their turn, informed that they were ready and willing to invest and help him without being partners of the firm and insisted petitioner no.2 who is the wife of Deepak Kumar Rana to become partner of the firm. Accordingly, partnership deed was drafted and executed at Cuttack and the firm asked permission from the Government for operation of the mining. At this juncture, the petitioners came to learn that mining lease which was granted in the name of M/s. Jagannath Minerals had already been revoked and was going to be transferred in favour of opposite party nos. 5 to 9 who are the legal heirs of Manoranjan Das. Though the petitioners under the RTI Act applied for a copy of the said revocation order, they did not get it. Therefore, they were constrained to file Civil Suit; No.41 of 2007 in the Court of the learned Civil Judge(Senior Division), First Court, Cuttack with the following prayers: