LAWS(ORI)-2002-3-46

JAGANNATH PRADHAN Vs. STATE OF ORISSA

Decided On March 04, 2002
JAGANNATH PRADHAN Appellant
V/S
STATE OF ORISSA Respondents

JUDGEMENT

(1.) THE petitioner, in this writ application, seeks to assail the propriety or otherwise of the temporary permits issued by the Tahasildar, Bhubaneswar (Opp. Party No. 4), in favour of Opp. parties 5 to 8 for extracting and/or removing "Sand" from the river bed of 'Kuakhai' near village Pandara and Bhubanpur situated under Bhubaneswar Tahasil. The petitioner also seeks issue of a writ of mandamus directing Opp. parties 2 and 3 to conduct auction as required under Rule 22(1) of the Orissa Minor Mineral Concession Rules, 1990 (hereinafter referred to as "the Rules") for extracting and/or removing sand from the said river.

(2.) BEFORE entering into the arena of the controversy, some of the admitted facts and provisions of law are stated herein below :

(3.) THE simple grievance of the petitioner in the present case is during subsistence of the term of his lease, the authorities have granted quarry permit in consonance with Rule 18(3) in favour of Opp. parties 5 to 7 for extraction and removal of quantum of sand specified in each of the permits from the river Kuakhai situated at village 'Pandara' and 'Bhubanpur' which are adjoining his lease hold, on payment of advance royalty in lump sum. Out of the three permits annexed to the writ application, Annexure -1, granted in favour of Opp. party No. 5 remains valid upto 31.3.2002, whereas such permits granted in support of Opp. party No. 7 and another, have expired since 30.11.2001.