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IN THE HIGH COURT OF ORISSA AT CUTTACK
HARISH TANDON, CJ, MANASH RANJAN PATHAK
Dillip Kumar Sahoo – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. competency of authority after amendments. (Para 1 , 2) |
| 2. authority dynamics post-amendment. (Para 3 , 4 , 6 , 7) |
| 3. handling of pending auctions. (Para 8 , 9) |
| 4. delegation of statutory powers. (Para 10 , 11) |
| 5. jurisdiction of tahasildar/sub-collector. (Para 12 , 13) |
| 6. directive to transfer records. (Para 14 , 15) |
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 28th 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 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....
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 clarified that appeals under statutory provisions must be based on 'date of communication' rather than mere knowledge, ensuring procedural fairness in adjudicating appeals.
The Mining Officer must independently assess refund claims regarding Sairat dues under amended rules, with proper reasoning required for decisions, ensuring jurisdictional compliance.
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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