JUDGMENT

B.N. MAHAPATRA, J.

This writ petition has been filed with a prayer to quash the order/proceeding dated 22.09.2011 passed/drawn in the Department of Steel and Mines under Annexure-11 whereby the mining lease granted vide Proceeding No. 8418/SM, dated 22.8.2005 and mining lease executed on 14.02.2006 for decorative stone over an area of 6.972 hectares in village Andhrajholi of Gajapati district in favour of petitioner was cancelled on the ground that the said order is illegal, arbitrary, outcome of colourable exercise of power in violation of principles of natural justice and in contravention of Articles 14 and 19(1)(g) of the Constitution of India and contrary to the provisions of Orissa Minor Mineral Concession Rules, 2004 (for short, ‘the Rules, 2004’).

2. Petitioners’ case in a nutshell is that petitioner no.1-firm was mainly engaged in mining of decorative stone and related activities. Petitioner no.2 is the Managing partner of petitioner no.1-firm. On 30.4.2004, petitioner no.1-firm applied for a mining lease of decorative stone over an area of 30.865 hectares in village Andharijholi in the district of Gajapati before opposite party no.1-Commissioner-cum-Secretary, Dep