JUDGMENT :

A. K. GOEL, J.

The common question raised in this group of writ petitions is about the validity of Memo No. 8620/SM dated 5th December, 2012 issued by the Principal Secretary to Government of Odisha, Steel and Mines Department. While in all other petitions the said memo is sought to be quashed, in W.P.(C) No. 17682 of 2013, the petitioners seeks direction to implement thereof.

The operative part of the memo is as follows:

The State Government hereby directs that at least 50% of the iron ore lumps and 50% of the fines won from the mines in any month, but not put to captive use by the lessees, shall be sold to the stand alone mineral based industries located in the State, limited to the requirement of such user industries, in an equitable manner, on payment of the prevailing fair market price by the user industries to the mining lessees.

2. The reason for the above direction as mentioned in the impugned order, is that the State based iron ore industries are facing acute shortage of iron ore, seriously affecting the production. Few of them are facing closure and others are experiencing low utilization of their existing capacity. There is likelihood of adverse socio-economic co