SANTOSH KUMAR BEHERA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS writ petition has been filed challenging the process of auction of Sand Sairat Source namely, Chitrotpala River Sand, Shantpur, in favour of opposite party No. 5.

(2.) THE allegation in the writ petition is that the process of auction of the said Sairat Source has been conducted without issuing public notice as required under Rule -38 of the Orissa Minor Minerals Concession Rules, 2004 and it was done in such a manner so as to favour the opposite party No. 5 by accepting his bid.

(3.) LEARNED Counsel for the petitioner submitted that the entire process was mere eye -wash. In other words, it is alleged that the order for issuing notice was passed by opposite party No. 4 on 17.2.2006 then how could the notice be issued on 16.2.2006. It was also stated that apart from opposite party No. 5, two other persons participated in the said auction process and those persons are the henchmen of opposite party No. 5. In other words, it was suggested that there was no public auction and the River Sand Sairat Source was settled at a very low price i.e. at Rs. 5,500/ - in favour of opposite party No. 5. Therefore, the public revenue has also suffered.