YASH GRANITES Vs. STATE OF ORISSA

JUDGEMENT

(1.) In this writ application under Arts. 226 and 227 of the Constitution petitioner has prayed to quash Annexure 13 in which Government's decision to grant a quarry lease of decorated stones for a period of ten years over an area of 22.023 hectares in village Kurlubhatta in Belangi district in favour of Opposite Party No. 5 was communicated to him.

(2.) Petitioner's case in brief is that on 6-6-1996 petitioner applied for a mining lease of decorative stones for an area of 10.615 hectares in village Kurlubhata of Sindhakala Police Station in the district of Bolangir in accordance with Rule 6(6) of the Orissa Minor Mineral Concession Rules, 1990 (in short the Rules) along with requisite information. On 3-2-1997 opposite party No. 5 also applied for a mining licence under the same provision of law for an area of 22.023 hectare from out of the same area. Before that on 29-8-1992 the said area of 22.023 hectares had been leased out in favour of one Om Prakash Agarwalla but as the said lease holder did not operate the mines, therefore, the lease in favour of Shri Om Prakash Agarwalla was cancelled. So far as that 22.023 hectares upon cancellation of the lease by the aforesaid order, was decided to be leased out in favour of opposite party No. 5.

(3.) In that connection petitioner's contention is that he has set up a factory for processing of coloured stones and has indented machinaries for granite polishing and has got requisite clearance from all departments concerned including local revenue authority and the taxation department. His further case is that his application being earlier in point of time in comparison to that of opposite party No. 5 rejecting of this application is arbitrary and illegal. He has thus prayed to quash Annexure 13 and to issue appropriate direction to the State to lease out an area of 10.615 hectares, as applied for, in his favour.