BIKASH KUMAR PATRA Vs. STATE OF ODISHA

JUDGEMENT

(1.) An interesting point is raised in the instant writ petition on the composition of the District Mineral Foundation for the district of Jajpur in terms of Sec. 9-B of the Mines and Minerals (Development and Regulation) Act, 1957 (for short, "MMDR Act") read with Rule 4 of the Odisha District Mineral Foundations Rules 2015 (for brevity, "ODMF Rules"). The writ petition is filed by the petitioners assailing the Notification No.10593-- PT1-PC-DMFC-DMF- 0021-2024/P, dtd. 24/7/2025 whereby and whereunder, the Government reconstituted the Board of Trustees called "the District Mineral Foundation for the District of Jajpur". The said notification reveals 17 persons who will be the constituent of the said District Mineral Foundation which includes the Sarpanch of Pimpudia Gram Panchayat, Sarpanch of Haripur Gram Panchayat and Sarpanch of Dhuligarh Gram Panchayat.

(2.) It is specifically averred in the instant writ petition that since the mines are situated within the territorial jurisdiction of Kaliapani Gram Panchayat, Kansa Gram Panchayat and Ransol Gram Panchayat, inclusion of Sarpanch of the other Gram Panchayats as aforesaid, is contrary to Rule 4 of the ODMF Rules.

(3.) Before we proceed to decide the matter, it would be profitable to quote Sec. 9-B of the MMDR Act, 1957 and Rule 4 of the ODMF Rules, 2015 which run thus: