STATE OF ODISHA Vs. GOVERNMENT OF INDIA

JUDGEMENT

(1.) By means of this writ petition filed by the petitionerState of Odisha, challenge is made to the order dated 16.01.2012 passed by the Revisional Authority under Section 30 of the Mines And Minerals (Development & Regulation) Act 1957 (for short, "Act 1957"), whereby the order/notice dated 25.11.2010 passed under Section 21(5) of the Act 1957 and under Rule 27(5) of the Mineral Concession Rules, 1960 (for short, "Rules 1960") has been quashed, whereby direction for payment of a certain amount for alleged breach of conditions of the mining lease, had been directed by the State Government.

(2.) Brief facts of the case are that on 05.02.1999, opp. party no.2 Smt. Indrani Patnaik was granted mining lease for a period of 30 years, i.e., from 05.02.1999 to 04.02.2029. On the allegation of certain illegal mining having been carried on by opp. party no.2, the State Government passed an order dated 25.11.2010, directing opp. party no.2 to make payment of an amount of Rs.11,31,72,22,440/-, and further directed to make good or remedy the breach of conditions, as the case may be, within 60 days from the date of receipt of the communication dated 25.11.2010. The said communication begins with the words "take notice", but in the operative portion of the said communication, the following directions had been issued:

(3.) Challenging the said order, opp. party no.2 filed a revision under Section 30 of the Act 1957 before the Central Government, wherein the State Government, after taking notice and putting in appearance, contested the case primarily on the ground that the said communication dated 25.11.2010 was merely a notice and not any order, and that opp. party no.2 had opportunity to reply to the said notice and thus, according to the State Government, the revision was not maintainable. Although objections on merits of the Revision were filed, but no para-wise reply to the averments made in the revision was given by the State Government before the Revisional Authority.