OMEGA ENTERPRISES Vs. STATE OF ODISHA

JUDGEMENT

(1.) The petitioner has challenged the several demand notices issued by the authorities claiming the additional charges in respect of Sarandamal Stone Quarry solely on the ground that the foundation of the levy of the additional charges taking shelter under Rule 39 of the Odisha Minor Mineral Concession Rules, 2016 (for short, "the OMMC Rules") is per se illegal.

(2.) Undisputedly, on the basis of an application of the petitioner, the lease of the said Sarandamal Stone Quarry under Lakhanpur Tahasil was executed in favour of the petitioner for a period of five years from the year 2018 to 2023. The petitioner observed all the formalities and the paraphernalia, required in execution of the lease deed to operationalize the Stone Quarry, including the payment of additional charges contemplated under Rule 32(3) of the OMMC Rules. According to the petitioner, the impugned demand notices are per se illegal, infirm and liable to be quashed and set aside as the authority cannot invoke a particular provision of the statute, which is not applicable to the persons like the petitioner.

(3.) On the other hand, a plea of demur is taken by the learned Additional Standing Counsel that since the alternative remedy is available to the petitioner, recourse under Article 226 of the Constitution of India is not permissible. According to her, the writ petition is not maintainable, the moment a remedy by way of appeal is provided under the OMMC Rules. She further submits that the terms and conditions embodied in the lease provides for levy of additional charges and, therefore, the petitioner cannot escape from such contractual obligation.