JUDGMENT

Dr. B.R. SARANGI, J. - Kharasrota River sand at Ghantiali was settled in favour of Sri Smruti Ranjan Jena, S/o-Surendra Kumar Jena of village-Kiaena under Binjharpur Tahasil on long term basis for a period of 5 (five) years from 2015-16 to 2019-20 vide Sairat Case No.6/2015-16 as per Orissa Minor Minerals Concession Amendment Rules, 2014. Mining plan was prepared by the lessee and the same was approved by the Member Secretary, SEIAA, Bhubaneswar vide letter dated 26.04.2016. After approval of mining plan, the lessee is to obtain the consent to Establishment and Operate order from the Regional Officer, State Pollution Control Board, Jajpur Road for operation of quarry. The petitioner submitted on line application before the Regional Officer, State Pollution Control Board for the said purpose but the lessee had not complied by filing required documents. Consequentially the Regional Officer rejected on line application dated 18.02.2017 and on receipt of such letter, the lease was cancelled on 08.01.2018 vide Sairat Case No.6/2015-16 and communicated to the lessee vide letter dated 19.01.2018.

2. After cancellation of lease, a fresh tender was invited on 02.02.2018 in Annexure-2 for settlement of Kharasrota River Sand at Ghantiali on long term basis for a period of 5 years (from 2018-19 to 2022-23). Accordingly, an advertisement was issued and published in the daily newspaper “The Sambad” and “The Dharitri” on 05.02.2018. A copy of the notice for auction of Sairat source was also sent to B.D.O., Binjharpur, Sarapanch, Ghantiali G.P., DIPRO, Jajpur and DIO, NIC, Jajpur with a copy to office Notice Board for wide publicity fixing the last date for first phase on 19.02.2018 which would be opened on 20.02.2018, second phase on 26.02.2018 which would be opened on 27.02.2018 and the third phase on 06.03.2018 which would be opened on 07.03.2018.

3. As per the advertisement, the sealed Tender Box was opened in the Office chamber of the Tahasildar, Binjharpur on 20.02.2018 at 3.00 P.M. in the presence of Tahasildar, Addl. Tahasildar, Revenue Supervisor, Head Clerk including the bidders participants. After opening of Tender box, it was found that only three applications were found in the box. Out of three applications, two applications, i.e., Mitambini Mishra, W/o- Madhu Sudan Mishra of village Rudhia and Sri Raj Kishore Mishra, S/o-Madhu Sudan Mishra of village Rudhia found to be in order. Out of the two applicants, Mitambini Mishra had quoted the highest rate, i.e., Rs.77.77 per Cub.Meter and Raj Kishore Mishra had quoted Rs.37.77 per Cub. Meter as the second highest bidder.

4. During scrutiny of the application, it was found that both the applicants had submitted solvency certificate for Rs.5.00 lakhs. But, during advertisement, it was asked to submit solvency certificate for Rs.15.00 lakhs. On second date i.e. on 27.02.2018, the sealed Tender Box was opened in the Office chamber of the Tahasildar, Binjharpur at 3.00 P.M. in the presence of Tahasildar, Addl. Tahasildar, Revenue Supervisor, Head Clerk of Tahasil Office, Binjharpur and no application was found in the Tender box. Therefore, the Committee decided to wait for another date i.e. on 07.03.2018.

5. On the third date of tender, i.e., 07.03.2018, when the sealed Tender box was opened in the Office chamber of the Tahasildar, Binjharpur at 3.00 P.M. in the presence of Tahasildar, Addl. Tahasildar, Revenue Supervisor, Head Clerk of Tahasil Office, Binjharpur, no applications were quoted for tender. But, the bidders participated in the first date i.e. on 20.02.2018 and Sri Smruti Ranjan Jena, the last auction holder was present. Therefore, the Committee decided to give scope to the highest bidder of the first date of tender, i.e. 20.02.2018 to Mitambini Mishra for settlement of source. But, she submitted her application stating therein that she was not interested to take the sairat source due to her illness. Thus, the petitioner being the second highest bidder, who had q