SHIV DUTT SHARMA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE Petitioner has been granted a mining lease over an area of 14.933 hects., which is equivalent to Ac. 36.90 at Raikela village in the district of Sundargarh, the same being an iron ore mining lease. The lease deed was executed between the State of Orissa and the Petitioner in Form 'K' under the M.M and D.R Act - (hereinafter referred to as 'the Act'). The Petitioner was granted mining lease for a period of thirty years. The schedule of the land over which the said mining lease was granted in favour of the Petitioner and mentioned in the lease deed under Annexure -1 is as follows:

(2.) AT this juncture, the Mining Officer, Koira, Sundargarh -Opposite Party No. 4, on instruction of the Deputy Director of Mines -Opposite Party No. 3, passed an order on 1.7.2005 directing the Petitioner to stop all the mining activities within the area of his mining lease. Subsequent to passing of the said order for stopping mining operation on 1.7.2005, the Petitioner has not been issued with necessary permit for lifting the iron ore already extracted and stored from and on his mining area.

(3.) BEING aggrieved, the Petitioner approached this Court in W.P.(C) No. 10615 of 2005 challenging the said Order Dated 1.7.2005 under Annexure - 4 to the present Writ Petition. During hearing of the said Writ Petition, on 18.9.2005, as it appeared that the Petitioner has made representations under Annexures -6 and 7 to the said Writ Petition, to the Deputy Director of Mines, this Court on that day, i.e., on 18.9.2005 disposed of the said Writ Petition with a direction upon the Deputy Director of Mines, Koira Circle, to look into the grievance of the Petitioner as made in his representations and to clarify what the department intends under Annexure -5 to the said Writ Petition, after giving opportunity of personal hearing to the Petitioner or his representative. It was further directed to pass a final order on the representations within one week from the date of the order and the Petitioner was directed to produce a certified copy of the said order before the Deputy Director of Mines. This Court, taking into consideration the submissions made on behalf of the Petitioner with regard to lifting of the minerals already extracted observed that if the same shall be brought to the notice of the Deputy Director of Mines while passing the final order, he shall pass order regarding lifting of the said mineral.