HEMANT KUMAR SAHOO Vs. STATE OF ORISSA

JUDGEMENT

(1.) In this Writ Petition the Petitioner has challenged the Order dated 02.01.2004 passed by the Tahasildar, Kishannagar in Sairat Case No. 3 of 2003 rejecting an application filed by the Petitioner for refund of the amount received by the Tahasildar towards royalty of sand from Eastern India Construction Private Limited, Opposite Party No. 5 for lifting of sand from Thanagada sand quarry which was leased out to the Petitioner.

(2.) THE facts of the case are as follows; Petitioner, the auction holder, being the highest bidder was allowed to lift sand for the year 2003 -2004 from Thanagada Mahanadi sand source situated in plot No. 1, an area of Ac. 10.00 out of Ac. 195.56 appertaining to khata No. 400 of village Kishannagar. The Petitioner was permitted to transact business by lifting sand under the provisions of Orissa Minor Mineral Concession Rules, 1990. Out of the total quoted tender price of Rs. 2,30,000.00, Petitioner deposited a sum of Rs. 20,700/ - as security money and on 15.3.2003 he deposited a sum of Rs. 1,20,000/ -. Thereafter he deposited a sum of Rs. 41,400 on 30.3.2003 and a sum of Rs. 12,000/ - on 27.11.2003. In total he has deposited Rs. 1,94,100/ - vide Annexure 2 series.

(3.) THEREAFTER Petitioner filed the aforesaid Sairat Case No. 3 of 2003 before the Tahasildar, Kishannagar ventilating his grievance that he is entitled to the amount of Rs. 50,000/ - received by the Tahasildar from the construction company as royalty towards sand lifted from the sairat allotted in his favour for the year 2003 -04. The Tahasildar heard the Petitioner on 2.1.2004 through his Counsel and also considered the letter of one Niranjan Sahoo the authorized person of Eastern India Construction Private Limited that the said company used sand for the construction work from the proposed construction site as well as the coarse sand excavated from the wells. On the basis of the R.I. report dated 17.12.2003 and 22.12.2003, the Tahasildar held that the Petitioner is not entitled to get back Rs. 50,000/ - as the construction company was not lifting sand from the area allotted to the Petitioner. He further held that auctioned source is about 1/2 k.m. away from the construction site. Therefore, Petitioner's claim for refund of Rs. 50,000/ - received from the construction company or the same be adjusted towards outstanding amount payable by him (the Petitioner) towards quoted tender price has no merit. Accordingly, the Tahasildar, Kishannagar rejected Sairat Case No. 3 of 2003 filed by the Petitioner.