MADAN MOHAN PRADHAN Vs. STATE OF ODISHA

JUDGEMENT

(1.) The petitioner, by means of this writ petition, seeks to quash the order dtd. 8/8/2023 under Annexure-7, by which the Collector, Gajapati, in compliance of the judgment passed by this Court in the case of Madan Mohan Pradhan v. State of Odisha and others, 2022 (Supp.) OLR 813, has cancelled the long term lease of 'Khandava Sand Quarry' granted by the competent authority, i.e., Tahasildar, Kashinagar in No.5409/Sairat dtd. 15/11/2021 under Rule 27 (10) of the Odisha Minor Mineral Concession Rules, 2016 and directed him to go for fresh auction of the said quarry.

(2.) The factual matrix of the case, in brief, is that a notice bearing no. 4898/Sairat was issued on 20/9/2021 by the Tahasildar, Kashinagar-opposite party no.4 inviting applications from the intending bidders to participate in the auction for grant of long-term lease of different sairat sources under Kashinagar Tahasil in the State of Odisha, for a period of 5 years from the financial year 2021-22 to 2025-26, as per the Odisha Minor Mineral Concession Rules, 2016 (for short 'OMMC Rules, 2016"). In the said notice, Khandava Sand Quarry, which was one of the sairat sources, had been put to auction. As per the said notice, interested bidders were required to apply in Form-M enclosing the required documents in a sealed cover and drop the same in the drop box at the Tahasil office between 8/10/2021 and 3/11/2021. It was also indicated that applications will not be accepted after the due date and time, i.e., 5.30 PM of 3/11/2021. The name of the sairat source and number of the sairat case were to be reflected in the envelope. On 5/11/2021 at 11.00 p.m. scrutiny of the applications for opening of the bids in presence of the lease applicants or their authorized representatives was to be conducted and incomplete applications were to be rejected. Applications received after 5.30 p.m. of 3/11/2021 were not to be taken into consideration. It was also indicated therein that the Competent Authority and the Collector, Gajapati shall have the right to cancel or suspend the auction without assigning any reason thereof.

(3.) Mr. S.K. Dalai, learned counsel appearing for the petitioner vehemently contended that the Collector, Gajapati has committed same error and passed the order under Rule-27 (10) of the OMMC Rules, 2016 by cancelling the long term lease of 'Khandava Sand Quarry' made by the competent authority, i.e., Tahasildar, Kashinagar in No.5409/Sairat dtd. 15/11/2021 under Rule 27 (10) of the Odisha Minor Mineral Concession Rules, 2016 and directed for fresh auction of the said quarry. It is further contended that Rule-27(10) of the OMMC Rules, 2016 has not been adhered to in letter and spirit, by which the competent authority is required to bring it to the notice of the controlling authority, who after proper verification and with due justification may cancel the bid and direct for fresh auction. But in the present case, once the competent authority has passed the order on 15/11/2021, the same having not brought to the notice of the controlling authority, he has no occasion to pass the order under Rule-27 (10) of the OMMC Rules, 2016 for cancellation of the long term lease and also to direct for fresh auction. Thereby, invoking wrong provision under Rule-27 (10) of the OMMC Rules, 2016 the cancellation having been made, the same cannot be sustained in the eye of law. It is further contended that though the Collector has taken note of Rule-27(16) of the OMMC Rules, 2016 in the order itself, but the order impugned having been passed under Rule-27(10) of the OMMC Rules, 2016, the same is liable to be quashed.