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B. R. SARANGI, B. P. SATAPATHY
Srinivas Satapathy – Appellant
Versus
State of Odisha – Respondent
JUDGMENT
B.R.SARANGI, J. - The petitioner, by means of this writ petition, seeks to quash the order dtd. 14/10/2022 under Annexure-12 passed by the Sub-Collector, Gunupur in Quarry Lease Appeal Case No.1/22, as well as the office order dtd. 18/1/2021 (wrongly dated as 1/1/2021) passed by opposite party no.2-Colletor, Rayagada under Annexure-8, and to issue direction to the opposite parties to grant the quarry lease in favour of the petitioner within a stipulated time.
2. The factual matrix of the case, in a nutshell, is that the Tahasildar, Gunupur-opposite party no.4, issued a notice on 8/9/2020 inviting applications for grant of Turukaniguda Sand Bed under Gunupur Tahasil on long term lease of five years through auction. Pursuant to such auction notice, seven bidders submitted their applications in sealed cover within the time specified. Opposite party no.5, having quoted highest price, was found as successful bidder, whereas the petitioner was found as second highest bidder. Consequentially, opposite party no.4 issued notice in Form-F to opposite party no.5, vide letter dtd. 25/9/2020, for conveying the acceptance of the terms and conditions and for depositing the required amount
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.
The competent authority has the power to grant an extension of time to the highest bidder, and no right accrues to the next highest bidder unless intimated by the authority.
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....
The court affirmed the principle that disqualification of a bidder must comply with statutory provisions, and a successful bidder can match a higher bid if disqualified for solvency issues, ensuring ....
The court clarified that appeals under statutory provisions must be based on 'date of communication' rather than mere knowledge, ensuring procedural fairness in adjudicating appeals.
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 ....
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 that the application of Rule 29(1) and Rule 29(2) of the Gujarat Minor Mineral Concession Rules, 2017, determines the eligibility of pending applic....
The court established that premature termination of a mining lease is justified if the lessee fails to comply with lease terms and safety regulations, and that the authority must grant a reasonable o....
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