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IN THE HIGH COURT OF ORISSA AT CUTTACK
HARISH TANDON, C.J., MURAHARI SRI RAMAN
Dinesh Agrawal – Appellant
Versus
State of Odisha – Respondent
ORDER :
1. The challenge is made to order dated 23.09.2025 passed by the Tahasildar, Badasahi in cancelling the auction of sairat source viz., “Balanga River Sand Bed, Sakua” vide advertisement No.498 dated 15.03.2022 in the instant writ petition invoking extraordinary jurisdiction under Articles 226 & 227 of the Constitution of India.
2. It is contended by the learned counsel that in response to advertisement dated 15.03.2022, the petitioner submitted bid along with requisite documents and deposited EMD to the tune of Rs.1,30,000/-. He was declared successful having quoted the highest bid. However, the lease could not be finalized on account of operation of interim order passed by the learned National Green Tribunal, Kolkata in O.A. No.46/2022/EZ. He would submit that it is evident from impugned order dated 23.09.2025 passed by the Tahasildar that “the final order of the said NGT case No.46/2022/EZ was pending at SEIAA, Odisha for finalization of DSR as per instruction of Hon’ble NGT, Kolkata. And on dated 18/04/2025 the DSR has finalized by SEIAA, Odisha which is valid form 2025 to 2030.” It is, therefore, strenuously argued by Sri Nayak, learned counsel that the authority concerne
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....
Authority in mining matters transitioned from Tahasildar to Mining Officer under amended Rules, quashing unlawful orders.
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.
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 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 ruled that statutory authorities must adhere strictly to tender rules, rejecting arbitrary acceptance of bids that are significantly lower than the highest bid to safeguard public revenue.
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