AJAY AGARWAL Vs. STATE OF ODISHA AND OTHERS

JUDGEMENT

(1.) On 27.12.2013, auction notice was issued by opposite party No.4 for grant of mining lease for the area in question for the financial year 2014-15, which was for a period of one year.

(2.) The firm-Maa Chandi Stone Crushing of which petitioner is a partner, participated in the said auction and was declared as the highest bidder. Pursuant thereto, after completion of all the formalities, lease was granted in favour of the firm on 30.3.2016, which was for a period of one year. The petitioner thereafter, filed representation that in view of the judgment of the Apex Court in the case of Deepak Kumar v. State of Haryana, (2012) 4 SCC 629, the period of lease should have been five years, and not one year. The firm thus filed representation before the Tahasildar for extending the period of lease from one year to five years, which was rejected by the Tahasildar on 7.2017. The firm thereafter filed an appeal, which was not entertained by the Sub-Collector, and it thus filed writ petition bearing W.P. (C) No.9864 of 2017 which was disposed of on 27.5.2017 directing the Sub-Collector to register, hear and dispose of the appeal of the petitioner on merit. Pursuant there to, on 24.06.2017 the Sub-Collector-opposite party no. 3 passed an order dismissing the appeal of the petitioner on merit. Challenging the same, this writ petition has been filed, with a further prayer to opposite party to extend the lease period of the Firm from one year to five years.

(3.) We have heard Sri Devashis Panda, learned Counsel for the petitioner as well as Sri B.P. Pradhan, learned Addl. Government Advocate appearing for the State-opposite parties and have perused the record.