The court emphasized the principle that when a statute provides for a thing to be done in a particular manner, it must be done in that manner or not at all, and any other methods are barred.

JUDGMENT :

B.R. SARANGI, J.

The petitioner, by means of this writ petition, seeks to quash the letter no.719 dated 09.03.2021 under Annexure-9 issued by the Tahasildar, Bonai-opposite party no.3 cancelling the bid process of Baliatota Sand Bed under Tahasildar, Bonai in the district of Sundargarh, and to issue direction to opposite party no.3 to forward the documents under Annexure-10, along with the relevant documents and certificates mentioned at serial nos.6, 7 and 8 of the list for environmental clearance, for execution of the lease deed in his favour.

2. The factual matrix of the case, in brief, is that in order to lease out for a period of five years from 2019-20 to 2023-24, Baliatota Sand Bed, in river Brahmani, was put to auction. The petitioner submitted his application in Form-M in triplicate for the said sand quarry in sealed cover offering his bid. He paid the application fee of Rs.1,000/-, earnest money and other dues for making the application. The application of the petitioner was found complete in all respect and was taken into consideration by the competent authority. As the petitioner was found to be the highest bidder, the Tahasildar, Bonai, vide letter no.106 dated 16.01.2020, intimated the petitioner in Form-F that he was selected as successful bidder for grant of sand quarry on lease for five years and accepted Rs.15/-towards royalty per cubic meter of sand. It was further intimated that the mining plan and environment clearance for the said lease had not been obtained. The petitioner was also directed to convey the acceptance of the terms and conditions and to deposit the security amount. In response thereto, the petitioner conveyed the acceptance of terms and conditions of the quarry lease and deposited Rs.2,00,000/-towards security deposit through Banker’s cheque and on further calculation the petitioner also deposited another Rs.45,000/-on 06.02.2020.

2.1 As per Rule-28 of the Orissa Minor Mineral Concession Rules, 2016, the mining plan was to be prepared and approved by the competent authority. As the competent authority failed to do so, vide letter no.244 dated 03.02.2020, Tahasildar, Bonai intimated the petitioner for obtaining the mining plan and environment clearance from the authorized officers at his own expenditure at an early date. After receipt of the letter dated 03.02.2020 under Annexure-3 from the Tahasildar, Bonai, with regard to getting approval of mining plan and environment clearance, the petitioner immediately prepared the mining plan from the authorized agency and submitted the same before the Dy. Director of Mines, Koira. In response to the same, the Dy. Director of Mines, Koira visited the sand bed on 21.03.2020 for final survey. But due to COVID-19, all activities in respect of mining and sand quarries were stopped due to lock-down and shut-down. Thereafter, the petitioner intimated the Tahasildar, Bonai, on 07.07.2020, that due to lock-down and shut-down he was unable to obtain the mining plan and environment clearance and to give some more time to submit the same. After lifting of lock-down and shut-down, the petitioner got the mining plan approved on 01.10.2020 from the Dy. Director of Mines, Koira. As per the estimation of mining plan, the petitioner was to lift 21,179 cubic meter of sand from the said sand quarry. The approved mining plan was submitted by the petitioner before the Tahasildar on 29.10.2020 and the Tahasildar on the very same day, vide order dated 29.10.2020, directed the petitioner for obtaining the environmental clearance from the authorized officer at his own expenditure as an early date.

2.2 As per Rule-29, environment clearance is to be obtained for operation of sand quarry. Rule-29(2) provides that the competent authority may apply for and obtain the environment clearance. But the Tahasildar, vide Annexure-6 dated 29.10.2020, directed the petitioner to obtain environment clearance from the authorized officer at his own expenditure. Rule-29(3) provides that in