HEMANTA KUMAR MISHRA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS writ petition has been filed with a prayer to quash auction notice/advertisement No.752 dated 22.03.2012 published by the Tahasildar, Bolangir under Annexure-7 in respect of Plot No.79/B-1, Holding No.14 of Mouza: Basupali. Further prayer is made to grant the lease of the stone quarry in question to the petitioner on long term basis by relaxing Rule 35 of the Orissa Minor Minerals Concession Rules, 2004 (for short 'OMMC Rules').

(2.) PETITIONER 's case in a nutshell is that as per provision of Rule 35 of OMMC Rules the sairat source, i.e., the stone quarry pertaining to Plot No.79/B-1, Holding No.14 of Mouza: Basupali, measuring Ac.5.00 decimals was put to public auction for the year 2010-11 by fixing upset price as per Rule 37. The auction was conducted thrice, i.e., on 24.04.2010, 27.04.2010 and 30.04.2010 but no bidder participated in the auction. While the matter stood thus, the petitioner came forward for negotiation and filed an application in the requisite format along with necessary documents before the Tahasildar, Bolangir praying for grant of the lease in favour of the petitioner on long term basis in respect of the said sairat. The said application of the petitioner was registered as Sairat Misc. Case No.96/2010 by the Tahasildar, Bolangir. Tahasildar, Bolangir sent the necessary case record to Collector, Bolangir for obtaining necessary permission/approval from Government by relaxing Rule 35 of Rules 2004. Tahasildar, Bolangir vide letter No.2943 dated 14.09.2010 requested the Collector, Bolangir to take necessary action to lease out the aforesaid stone quarry to the petitioner. Collector, Bolangir vide letter dated 19.01.2011 requested opposite party No.1-Commissioner-cum-Secretary, Revenue and Disaster Management Department, Odisha, to consider the case of the petitioner in view of letter No.29304/RDM dated 26.07.2010 requiring relaxation of Rule 35 of OMMC Rules in order to lease out the Stone quarry for a long term to the petitioner as no bidder took part in public auction. In the said letter, the Collector has also mentioned that in such action Government will fetch revenue. Opposite party No.1 vide letter dated 26.07.2010 communicated to all Collectors of the State about relaxation of Rule 35 of OMMC Rules by the Government in cases quarry has been granted by way of lease. While the decision to lease out the stone quarry in question by relaxing Rule 35 is pending before opposite party No.1, Tahasildar, Bolangir has again come up with auction Notice/Advertisement No.752 dated 22.03.2012 to auction the quarry in question on 25.04.2012 and in case of failure the same shall be conducted 28.04.2012 and 30.04.2012. Hence, the present Writ petition.

(3.) MR . B.K. Nayak, learned Additional Government Advocate submits that lease in respect of sairat in question is to be held on public auction as per Rule 35. It is further submitted that auction is the proper method to fetch best price, which is necessary in the public interest. Therefore, the Tahasildar, Bolangir is fully justified in issuing the advertisement to put the sairat in question to public auction. The action of the Tahasildar, Balangir being in conformity with Rule 35, the writ petition filed by the petitioner should be dismissed.