SUNAKAR SAHOO Vs. STATE OF ODISHA

JUDGEMENT

(1.) This writ petition has been filed seeking for a direction to consider the application filed by the petitioner in Form-J of Orissa Minor Mineral Concession Rules, 2004 (as amended in 2014) (for short 'the Rules') pursuant to the notice inviting application for settlement of different Sand Sairats vide Notice No. 467 dated 19.02.2015, including 'Kusabhadra River Sand Source in village Bhubanpur in the district of Khurda' (for short, 'Kushabhadra Sand Sairat'), for which the petitioner had applied.

(2.) Pursuant to the advertisement dated 19.02015 published in two local daily newspapers, namely, 'Dharitri' and 'Samaj' on 24.2015 inviting applications for settlement of various sand sairats, 5 numbers of applications were received by the Tahasildar, Balianta-opposite party no. 2 for Kushabhadra Sand Sairat, out of which 3 (three) applications were received through registered post/speed post and 2 (two) applications, including that of the petitioner and one Smt. Baijayantimala Baliarsingh, were received through ordinary post. It was made clear in the notice itself that the application should be sent by registered/speed post. The relevant portion of the Notice is reproduced hereunder :

(3.) Although the application of the petitioner and that of Smt. Baliarsingh were received by the opposite party no. 2 in time i.e. on 10.02015, the last date of submission of the application, the said two applications were not considered for the reason that the same were not sent through registered post/speed post. Accordingly, the other three applications, which were received through registered post/speed post, were taken into consideration and the offer of opposite party no. 3, namely, Shri Sunakar Pradhan, who had quoted the highest royalty @ Rs. 42.00 per cum, was accepted and long term lease was settled in his favour on 11.2015. Assailing the action of the opposite party no.2 in not considering the application of the petitioner, he has filed this writ petition for the aforesaid relief.