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K. R. MOHAPATRA, S. MURALIDHAR
Rangadhar Pradhan – Appellant
Versus
State Of Odisha – Respondent
JUDGMENT
S. Muralidhar, C.J. - The challenge in all these petitions is to the cancellation of the auction held in respect of Black Stone Quarries located in the Dharmasala Tahsil in Jajpur district. The cancellation was intimated to each of the Petitioners by separate letters dated 17th May, 2021 by the Tahsildar, Dharmasala (Opposite Party No.3). In each of the petitions a direction has been sought to the Opposite Parties to declare the Petitioner as the highest successful bidder in respect of the concerned stone quarry, accept the rate quoted by the Petitioner and execute the lease agreement in the Petitioner's favour.
2. It is noted at the outset that, although a prayer has been made in some of the writ petitions to declare Rule 46 of the Orissa Minor Minerals Concession Rules, 2016 ('OMMC Rules, 2016') as ultra vires Section 15 of the Mines and Minerals (Development and Regulation Amendment) Act, 2015 ('MMDR Act'), during the course of argument, the counsels for the Petitioners stated that they were not pressing that prayer.
3. Since the facts in all the cases are almost similar, illustratively the facts in W.P. (C) No.17285 of 2021 are discussed first. Here, an advertisement was
The main legal point established in the judgment is that the power to cancel a bid under Rule 27(16) of the OMMC Rules must be exercised in a just, fair, and reasonable manner, and the cancellation o....
The main legal point established in the judgment is the importance of complying with the provisions of the Odisha Minor Mineral Concession Rules, 2016, particularly Rule 27 (10), and the need to ensu....
Non-approval of auction bids by Managing Director rendered the bidding process incomplete, with absence of sufficient competition justifying cancellation under public interest.
The main legal point established in the judgment is the requirement for fairness and reasonableness in state actions, particularly in contractual matters, and the need for judicial review to ensure c....
The main legal point established in the judgment is that the procedure for cancellation of a lease under Rule 51 (7) of the OMMC Rules must be followed, and the competent authority's power cannot be ....
Compliance with the specific procedures outlined in the OMMC Rules, 2016 is mandatory, and failure to adhere to these procedures may result in the dismissal of claims.
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