PRABODH MOHANTY Vs. STATE OF ODISHA

JUDGEMENT

(1.) The Petitioner, by this writ petition, seeks refund of a sum of Rs.1,12,25,940.00, which was paid towards Net Present Value (NPV) pursuant to the Demand Notice No. 792/Mining dtd. 5/2/2014 issued by the Divisional Forest Officer (DFO), Keonjhar Division, Keonjhar (Opposite Party No. 3).

(2.) The Petitioner states that he is a permanent resident of Odisha and a lessee in respect of an area of 15.378 hectars pertaining to Khuntapani Iron Ore Mines under Champua Sub-Division of Keonjhar district. The Petitioner states that he is engaged in the business of mining and related activities in the State of Odisha. The Petitioner states that he has a registered office at PO-Barbil and a Mines Office at PO-Khuntapani, both in the district of Keonjhar.

(3.) On 4/4/1982, a mining lease for iron ore over an area of 15.378 hectares (ha) in village Khuntapani of Keonjhar district was executed for a period of 30 years, i.e., from 4/4/1982 to 3/4/2012 in favour of Petitioner's father late Sri S.N. Mohanty. Upon the death of the Petitioner's father, the Government of Odisha in exercise of power under Rule 25-A of the Mineral Concession Rules, 1960 (MC Rules), accorded permission to the Petitioner to inherit and operate the said mining lease.