RAHUL MISHRA, SON OF SUDHANSU SEKHAR MISHRA, PROPRIETOR OF MISHRA STONE CRUSHER, AGALPALI, VILLAGE Vs. COLLECTOR, BOLANGIR

JUDGEMENT

(1.) THIS writ petition has been filed with a prayer for quashing order No.265 dated 01.03.2011 (Annexure -5) passed by opposite party No.3 -Tahasildar Loisingha and order dated 30.04.2011 (Annexure -6) passed in Misc. Appeal No.6 of 2011 by opposite party No.2 -Sub -Collector, Bolangir on the ground that those orders were passed illegally, arbitrarily and contrary to the provisions of the Orissa Minor Mineral Concession Rules, 2004 (for short, 'Rules, 2004) and contrary to the spirit of special attention to Bolangir, Kalahandi and Koraput (undivided) districts concerning the most backward districts of the country and for quashing the letters issued under Annexures 7, 8 and 9 to the extent referred by opposite parties 2 and 3 in refusing to renew the lease granted in favour of the petitioner. The further prayer is for issuance of a direction to opposite parties 2 and 3 to renew stone quarry lease in question with respect to Stone Quarry No.03/2007 in village Banjipali to ensure speedy supply of raw -materials to run the Crusher unit of the petitioner.

(2.) PETITIONERS case in a nutshell is that the petitioner owns a small industry of stone crusher and for this purpose he obtained registration certificate from the District Industries Centre (for short, 'DIC). Opposite party No.1 -Collector, Bolangir also granted certificate in favour of the petitioner to install the stone crusher unit over an area of Ac.4.88 decimals of Mouza: Agalpali. The petitioner applied for a loan of Rs.19.00 lakhs from Bolangir Anchalika Gramya Bank/Utkal Gramya Bank, Chhatamkhana to run its crusher unit. Petitioner applied for lease of stone quarry bearing No.3 of 2007 in village Banjipalli after complying all the requirements and opposite parties 1 and 2 granted lease in favour of the petitioner for three years with effect from 06.05.2008 up to 05.05.2011. On the basis of the lease granted for the aforesaid quarry, the petitioner has obtained blasting licence to make the stone to smaller size to be used as raw materials for crusher unit. Under Annexure -4, the petitioner applied for renewal of the lease for another five years as the same was going to expire on 05.05.2011 enclosing necessary fees, certificates, lease deed along with application etc. and the said application was received in the office of opposite party No.3 -Tahasildar, Bolangir on 22.02.2011. The opposite party No.3 rejected the application of the petitioner seeking extension of stone quarry lease in village Banjipali vide his order dated 01.03.2011 (Annexure -5) on the ground that the Government of Orissa in Revenue Department vide letter No.17428/R dated 10.04.1997 and subsequent Circular vide G.O. No.36665/R dated 06.09.2005 (Annexure -8) followed by letter No.1470/R dated 06.09.2008 (Annexure -7) issued by the Board of Revenue, Orissa have emphasized that all the sources containing minor mineral specified in item -1(i) of Schedule -III shall be settled through annual Auction route only notwithstanding the fact that there is a separate chapter, i.e., Chapter -IV in the Rules, 2004 providing sanction of long term quarry lease of such minor mineral sources. Being aggrieved by the order under Annexure -5 dated 01.03.2011, the petitioner approached opposite party No.2 by way of Misc. Appeal No.6 of 2011 as prescribed under Rule 64 of the Rules, 2004 which was dismissed by opposite party No.2 vide order dated 30.04.2011 under Annexure -6. Hence, the present writ petition.

(3.) LETTER dated 10.04.1997 of Board of Revenue, Orissa were issued prior to coming into force of Rules, 2004. The said letter dated 06.09.2008 (Annexure -7) is also contrary to the statutory provisions made under Rules, 2004 and is not binding in nature and therefore is liable to be quashed. The judgment dated 21.03.2007 passed by this Court in O.J.C. No.6208 of 1999 was delivered in a case while dealing with Rules, 1990. Circular vide G.O. No.36665/R dated 06.09.2005, G.O. No.4407/R dated 06.02.2006 referred to in the letter under Annexure -7 issued by the Government of Orissa in Revenue Department are contrary to the statutory provision made under Chapter -VI of the Rules, 2004. Therefore, the Government Order dated 06.09.2005 (Annexure -8) and 06.02.2006 (Annexure -9) are unsustainable. The G.O. Letter No.36665/R dated 06.09.2005 (Annexure -8) referred to the Rule 53 of Manual of Tahasil Accounts along with Rule 35 of Rules, 2004 while directing to settle the Sairat sources in public auction on priority basis as per the provision laid down in Chapter -VI of 2004 Rules read with Section 53 of the Manual of Tahasil Accounts is totally illegal, arbitrary and contrary to the provisions of Rules, 2004. Paragraph 5 of G.O. No.4407/R dated 06.02.2006 (Annexure -9) referred to under Annexure -7 is self contradictory and confusing.