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IN THE HIGH COURT OF ORISSA AT CUTTACK
Harish Tandon, Murahari Sri Raman
P.K. Minerals – Appellant
Versus
State of Odisha – Respondent
JUDGMENT :
This matter is taken up through Hybrid mode.
2. Illegal, improper and wrongful exercise of power by the Tahasildar, Champua-opposite party No.5 passing an Order No.2313, dated 22.04.2025 vide Annexure-22, led the petitioners to file the present writ petition invoking extraordinary jurisdiction under Articles 226 & 227 of the Constitution of India with the following prayer(s):-
“In view of the facts and circumstances stated above, it is most humbly prayed that this Hon’ble Court may graciously be pleased to issue a Rule NISI in the nature of Writ of Mandamus and/or any other appropriate Writ/Writs calling upon the Opp. Parties more particularly the Opp. Party No.5-Tahasildar, Champua to show cause as to why Order No.2313, dtd.22.04.2025 under Annexure-22 shall not be quashed;
And, as to why the Opp. Party No.5-Tahasildar, Champua shall not be directed to pass a reasoned order on application dtd.04.03.2025 of Petitioners under Annexure-19 within a stipulated period, after providing opportunity of hearing to Petitioners;
And, as to why the Opp. Party No.5-Tahasildar, Champua shall not be directed to refund the excess amount collected from Petitioners, within a stipulated period
Authority in mining matters transitioned from Tahasildar to Mining Officer under amended Rules, quashing unlawful orders.
Authority must operate strictly within statutory limits; actions beyond conferred powers are void and non-est.
An authority cannot act beyond its statutory powers; orders made without jurisdiction are null and void. This principle applies to the cancellation of an auction by an unauthorized official after sta....
The Sub-Collector lacks jurisdiction to make decisions post-amendment of the Odisha Minor Minerals Concession Rules, as authority has shifted to the Steel and Mines Department, confirming that statut....
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.
Penalty order under minor mineral rules by authority lacking jurisdiction is void; quashed and remitted to competent authority for fresh adjudication despite subsequent power conferment.
The court ruled that administrative delays should not impede a valid leaseholder's right to operate, allowing the petitioner to continue quarry operations until lease expiration.
The Mining Officer must independently assess refund claims regarding Sairat dues under amended rules, with proper reasoning required for decisions, ensuring jurisdictional compliance.
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