LOKANATH PRADHAN Vs. COLLECTOR, PURI & OTHERS

JUDGEMENT

(1.) Mahanta Goura Gobinda Das Goswami Guru Radhakrushna Dasa Goswami at Radhakanta Matha, Balisahi, Puri is the stitiban recorded tenant of Khata No.21 in Mouza-Sipararubali, DistrictPuri and the said Record of Right was published on 01.04.1977. Out of 25 plots of Khata No.21, Plot No.60 measuring Ac.2.46 decimals was recorded as kisam 'Patita' and filled with sands. For the development of the said Plot No.60, the recorded tenant of Khata No.21 had executed an agreement on 07.08.2017 in favour of the present petitioner in order to raise the income of Matha.

(2.) Pursuant to such agreement dated 07.08.2017, the petitioner applied to the competent authority, i.e., Tahasildar, Brahmagiri for grant of permission to lift 1000 C.M. of sand from Plot No.60, Kisam-Patita, Ac.2.46 decimals under Khata No.21 of Mouza-Sipasarubali for agricultural purposes. On receipt of such application, the Tahasildar forwarded the same to Revenue Inspector and Revenue Supervisor for joint report. On the basis of reports, on 23.11.2017, the Tahasildar, Brahmagiri granted permission in favour of the petitioner under Rule 2(e) read with Schedule-IV of Orissa Minor Mineral Concession Rules, 2004 for removal of sands from the said land subject to payment of cost of Rs.38,420/- towards royalty calculated E.D. Rs.38.42 per C.M. for the assessed 1000 C.M. of sand and, as such, permission was granted to lift the sand within a period of two months.

(3.) In view of the order dated 23.11.2017 of the Tahasildar, the petitioner deposited the royalty amount of Rs.38,420/- which was duly acknowledged by the authority by providing receipt thereof on the very same day. The petitioner, thereafter, started lifting the sand, pursuant to permission granted by the Tahasildar, but he was objected by the officials of the Tahasildar vide office order dated 06.01.2018, wherein it has been stated that the permission granted on 23.11.2017 for lifting the sand has been cancelled and, as such, when the petitioner wanted the copy of such cancellation order dated 06.01.2018, it was intimated to him that the same has been affixed in the office notice board. After collecting the said order of cancellation dated 06.01.2018, the petitioner has filed this application.