PAWAN KUMAR AGARWAL AND Vs. STATE OF ORISSA

JUDGEMENT

(1.) The petitioners in the above two writ applications have prayed for quashing the order dated 20-4-2000 passed by the Government of Orissa in the Department of Forest and Environment directing the petitioners to show cause as to why the lease of Minor Forest Produce items as indicated in the said notice shall not be cancelled, as well as the resolution of the Government dated 31-3-2000 under Annexure 3.

(2.) The petitioner in OJC No. 4285 of 2000 was granted permission to collect forest produce, namely, Siali leaves by order dated 6-1-2000 for a period of three years. The area indicated in the said order was Bonai and Sundargarh Forest Divisions. Pursuant to the grant of the said lease in respect of the aforesaid two divisions, the petitioner deposited advance royalty and started operation of collection of Siali leaves by engaging several persons.The petitioner in O.J.C. No. 4286 of 2000 was granted permission to collect forest produce, namely, Siali leaves by order dated 6-1-2000 for a period of three years. The area indicated in the said order was Deogarh and Baramba Forest Divisions. Pursuant to grant of the said lease in respect of the aforesaid two divisions the petitioner deposited advance royalty and started operation of collection of Siali leaves by engaging several persons. The case of both the petitioners is that they have been running the said business for last 25 years and the decision of the Government to terminate the leases at this stage will seriously jeopardise their legitimate expectations.

(3.) Since both the writ applications involve common questions of law and fact, they were taken up together for hearing and are being disposed of by this common judgment.