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IN THE HIGH COURT OF ORISSA AT CUTTACK
HARISH TANDON, MURAHARI SRI RAMAN
Shantilata Jena – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. background facts of the lease and dues (Para 1 , 2) |
| 2. arguments regarding demands and relief (Para 3) |
| 3. state's stance on refund requests (Para 4) |
| 4. court's analysis and legal reasoning (Para 6) |
| 5. determination of competent authority for refund (Para 7) |
| 6. order directing reconsideration of refund claim (Para 8 , 9) |
ORDER :
1. Aggrieved by refusal to grant refund of Sairat dues, on the ground that this Court while disposing of the writ petition being WP(C) No.7945 of 2024, vide order dated 8th April, 2024 directed the Assistant Mining Officer, Puri to dispose of the representation of the petitioner, by the Tahasildar, Pipili vide Letter No.2918, dated 29th March, 2025 (Annexure-1) and in consequence thereto the order of the Mining Officer, Puri voicing what has been spelt out by the Tahasildar, Pipili while returning the records relating to Original Sairat Case No.06/2019-20 along with other requisites vide Letter No.322/Mines, Puri, dated 11th June, 2025 (Annexure-2), the petitioner has knocked the doors of this Court in further round of litigation by way of filing the present writ petition invoking provisions of Articles 226 & 227 of the Constitution of India.
2. T
The Mining Officer must independently assess refund claims regarding Sairat dues under amended rules, with proper reasoning required for decisions, ensuring jurisdictional compliance.
Royalty – Bidder is advised to inspect and satisfy itself regarding mining area before participating in bidding process.
FIRs against a mineral concessionaire were quashed due to lack of verification and failure to establish cognizable offences, emphasizing the need for proper legal procedures in prosecution.
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