RAMESH PRASAD SAO Vs. STATE OF ODISHA

JUDGEMENT

(1.) Heard Mr.Nidhesh Gupta, learned Senior Advocate for the petitioner and Mr.Ashok Ku. Parija, learned Advocate General for State-opposite party Nos. 1 and 2.

(2.) The petitioner, who is the Lessee in respect of Guali Iron Ore Mines situated over an area of 365.026 hectares in village Guali, Panduliposi, Topadihi, Loidapada and Rugudihi and Sidhamatha reserve forest under Barbil Tahasil in Champua Sub-Division of Keonjhar district, has filed the present writ petition seeking restoration of the lost period (from 27.06.2013 to 16.05.2014, i.e., 10 months and 20 days and from 23.05.2015 to 10.04.2018, i.e., 34 months and 19 days); thus total period of 45 months and 09 days, for which the Lessee could not operate its mines due to interruptions/disruptions caused which was beyond the control of the Lessee, more particularly when such disruptions were caused mainly by the act or omission on the part of the authorities of the State Government. He further submitted that various legal proceedings are pending before this Court and the Hon'ble Supreme Court in respect of the mines in question.

(3.) Learned counsel for the petitioner mainly contended that the tenor of the agreement, which was entered into between him and the Government, more particularly in view of the last extension agreement which stipulates, "AND, WHEREAS this supplementary lease deed is a part and parcel of the said deed and the terms and conditions are in furtherance to the terms and conditions in addition to the terms and conditions agreed to in the said lease deed", he is entitled to the relief sought for.