RAMAKANTA MAHAKUD Vs. STATE OF ODISHA AND ORS.

JUDGEMENT

(1.) Heard Mr. R. Das Nayak, learned counsel for the petitioners, Mr. P.P. Mohanty, learned counsel for opposite party No. 5 and Mr. M.S. Sahoo, learned Additional Standing Counsel on behalf of the State. This writ application has come to be filed by one Ramakanta Mahakud, Ward Member of the Tulasichaura, Naranpur Grama Panchayat in the district of Keonjhar along with several other individuals seeking to quash the order of quarry lease i.e. Tulasichaura Stone Quarry No. 3 in favour of opposite party No. 5 for the year 2014-2015.

(2.) Learned counsel for the petitioners submits that although, opposite party No. 5 was the highest bidder for the Tulasichaura Stone Quarry, the grant of the said quarry in favour of him was in contravention of Rule-4(5) of the Orissa Minor Minerals Concession Rules, 2004 which is extracted hereinbelow:

(3.) It is further asserted on behalf of the petitioners that the role of the Grama Sabha or the Grama Panchayat in granting of prospecting license or mining/quarry lease or its renewal or its auction also is mentioned in the Provisions of the Panchayats (Extension to the Scheduled Areas) Act, 1996 and in particular Rule-4(k) which is extracted hereunder: