Authority in mining matters transitioned from Tahasildar to Mining Officer under amended Rules, quashing unlawful orders.

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 fixed by this Hon’ble Court;

And as to why letter No.630/Touzi, dtd.05.02.2025 issued by Opp. Party No.5-Tahasildar under Annexure-16 shall not be quashed being illegal and wholly without the authority of law;

And if the Opp. Parties fail to show cause or show insufficient/false cause, make the said Rule absolute;

And pass any Order/Orders and direction/directions as this Hon’ble Court may deem think fit and proper in the facts and circumstances of the present case;
And allow this Writ Petition with cost; And, for this act of kindness, Petitioners shall remain duty bound ever pray.”

3. The Petitioner No.1, a private limited company, being successful bidder, was granted lease of Bhimpur Sand Quarry for five years under the provisions of the Odisha Minor Minerals Concession Rules, 2016 (for short, “the OMMC Rules”) vide Letter No.3134, dated 06.08.2020.

3.1. After completion of formalities, lease deed would be executed in Form „N‟, after obtaining the environmental clearance from the State Environment Impact Assessment Authority, Bhubaneswar vide letter dated 13.07.2021 granted permission to operate the Sairat Source and, accordingly, the petitioners have paid amount towards Royalty, Additional Charge, DMF, EMF, IT, SR etc., for a period of one year from 09.06.2021 to 08.06.2022 to operate the quarry.

3.2. However, there was stoppage of quarrying operation in quarry with effect from 16.11.2021 on the instruction of the authorities concerned, on account of which for a period of 126 days, the petitioners could operate the quarry.

3.3. Pending submission of Replenishment Study Report in terms of Clause-9.1 of Environment Clearance, the petitioners vide letter dated 17.05.2022 requested the Tahasildar, Champua-opposite party No.5 for re-verification of the quarry for the purpose of reassessment of Minimum Guaranteed Quantity. On the basis of Replenishment Study Report, the opposite party No.5 demanded a sum of Rs.20,30,720/- from the petitioners towards Royalty, Surface Rent, DMF, EMF and Income Tax for the year 2022-23 vide letter dated 18.03.2023.

3.4. Against such letter, the petitioners requested the opposite party No.5 to issue letter of demand in terms of Replenishment Study Report considering the revised quantity in the year 2022-23 vide letter dated 28.03.2023. While the matter stood thus, in view of stoppage of mining operation with effect from 15.11.2021, the petitioners returned the used as well as the unused Transit Pass Books („Y‟ Forms) to opposite party No.5.

3.5. The Odisha Minor Minerals Concession (Second Amendment) Rules, 2022, having come into force, since this matter relates to sand quarry, it has been transferred from the Revenue & Disaster Management Department to the Steel & Mines Department. The Mining Officer vide notice dated 02.02.2024 is