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 statutory powers cannot be delegated beyond prescribed limits.

JUDGMENT :

HARISH TANDON, CJ.

1. The seminal point involved in the instant writ petition is whether the Sub-Collector, Kaptipada, Udala is competent to take any decision or pass any direction after the amendment having brought in Odisha Minor Minerals Concession Rules, 2016 (in short ‘OMMC Rules, 2016’) by virtue of the Odisha Minor Minerals Concession (Second Amendment) Rules, 2022 (in short ‘Amended Rules, 2022’), which was duly published in the Odisha Gazette Extraordinary dated 28^th December, 2022.

2. A prelude to the litigation involving the question of law as indicated hereinabove is adumbrated for the purpose of clarity and brevity. Pursuant to the auction notice for two sand sairats, i.e. Dighi-2 Sand bed and Parikhitpur Sand bed, the petitioner offered his bid and was adjudged as the highest bidder. However, the authority could not proceed to settle the query in favour of the petitioner because of intervening litigations ensued before this Court raising an issue with regard to the solvency certificate submitted by the petitioner and restrained order passed in such litigations. Amidst the pendency of the litigations before this Court, the amendments were brought into the OMMC Rules, 2016 duly notified/published in the Odisha Gazette Extraordinary on 27^th December, 2022. By virtue of such amendments effected by the Amended Rules, 2022, the definition of the competent authority has undergone a sea change so also the powers to deal with the mining issues across the State.

The summum bonum of such amendments can be reasonably visualized from such amendments that the mines within the State of Odisha which was being dealt with by the Tahasildar and other authorities were transferred to Steel and Mines Department thereby all the issues pertaining to the mines were to be dealt by such department and the authorities posted therein. So far as the Un- amended Rules, 2016 is concerned, the Tahasildars and the Sub- Collectors of the respective districts were empowered to take a decision and deal with the mines including the sand query but after the amendments having brought on 27^th December, 2022 wherever the word ‘Tahasildar’ was appearing therein was deleted/omitted and substituted by the ‘competent authorities/authorised officer’ as per the definition assigned by virtue of an amended rules.

3. The point as indicated in the preceding paragraph of the judgment gets attracted after the litigations concerning the said sand sairats was finally disposed of on 21^st June, 2024. Yet, the Tahasildar and/or the Sub-Collector proceeded to take a decision in respect of the auction held prior to the Amended Rules that too on the basis of directions/instructions issued by the Mining Officer who was competent to deal with such aspect on the strength of the Amended Rules intervened in the interregnum.

4. It would be unnecessarily rendered the judgment bulky on the narration of the facts and the correspondences exchanged between the Mining Officer and the Tahasildar/Sub-Collector as the facts can be reasonably and/or succinctly revealed that despite the transition of the powers, the Mining Officer reverted the issues to be decided by the Tahasildar/Sub-Collector having aware that the power to deal with the sand query under the said OMMC Rules, 2016 has undergone an amendment conferring the power upon it.

5. The Amended Rules, 2022, which came into effect on the date of the notification duly published in the Odisha Gazette, Extraordinary on 27^th December, 2022 resonated the authority and power, which was conferred upon the Tahasildar/sub-Collector in the Pre-Amended Rules, to have been taken away and vested upon the Mining Offic