RANJAN KUMAR PATTNAIK Vs. STATE OF ODISHA

JUDGEMENT

(1.) The challenge in the present petition is to an order dtd. 24/3/2021 passed by the Collector, Cuttack (Opposite Party No.2) cancelling the lease of a sand sairat source of Subhadrapur Mouza in Kathajodi river in favour of the present Petitioner.

(2.) The background facts are that an auction notice for grant of the aforementioned lease was published on 8/1/2018. Clause-5 of the auction notice stated that the bidder should submit a solvency certificate from the Revenue Officer which amount should not be less than the royalty and the additional charges fixed for the source. The bidder was also required to furnish the details of the movable properties. The auction notice itself referred to the Orissa Minor Minerals Concession Rules, 2016 (OMMC Rules, 2016) and the requirement of having to fill up Form-M thereunder.

(3.) At this stage, it is necessary to refer to Rule 27 of the OMMC Rules, 2016 which talks of grant of a quarry lease. Rules 27 (4) states that the intending applicant may apply to the "Competent Authority" in a sealed cover for grant of quarry lease for such area or areas in Form-M in triplicate accompanied by the documents mentioned in sub-Rule (i) to (iv). Rule 27 (4) (iv) refers to a solvency certificate or bank guarantee valid for a period of eighteen months for an amount not less than the amount of additional charge offered and the royalty payable for the minimum guaranteed quantity for one whole year and a list of immovable properties from the Revenue Authority.