IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No. 10922 of 2025 Udayanath Mohanty ..…... Petitioner(s)

Mr. Smruti Ranjan Rout, Adv.

-versus-

State of Odisha & Ors. ….… Opposite Party(s)

Ms. Jyoshnamayee Sahoo, ASC CORAM:

DR. JUSTICE S.K. PANIGRAHI

ORDER

02.05.2025 Order No.

02. 1. This matter is taken up through hybrid arrangement.

2. Heard learned counsel for the parties.

3. The present Writ Petition has been filed by the Petitioner with the following prayer:

“The Petitioner therefore prays that in view of the facts and circumstances stated above this Hon’ble Court may be graciously pleased to admit this writ application and there after hearing the parties allow the same and pass an appropriate writ, direction or order directing, (i) The opposite Party No. 2 to take immediate action for issuing the NOC in favour of stone crusher unit M/s.

Signature Not Verified Vaishnabi Stone Crusher Pro. Udayanath Mohanty.

(ii) Set aside the letter No.VIl-02/2023-10076/Touzi/Dated.

Digitally Signed Signed by: LITARAM MURMU

03.09.2024 under signed by Deputy Collector Collectorate, Location: OHC Dhenkanal.

And pass such other order or orders, as may be deemed necessary in the facts of the case.

And for this act of kindness the petitioner shall as in duty bound ever pray.”

4. Learned counsel for the Petitioner submits that the impugned order dated 03.09.2024 passed by the Office of the Collector and District Magistrate, Dhenkanal which was issued by the Deputy Collector, Touzi shows that the learned Deputy Collector has not assigned any reason for disallowing the application for establishment of stone crusher at mouza-Arttasantarakateni under Odapada Tahasil.

5. On perusal of the impugned order and considering the facts and circumstances of the case and the submission made by learned counsel for the Petitioner, this Court is of the view that the contention raised by the learned counsel for the Petitioner does not appear to be unfounded.

7. Considering all the facts and circumstances, this Court is of the view that since no reason has been assigned for rejection of the application of the present Petitioner, the impugned order dated 03.09.2024 passed by the Deputy Collector, Touzi is set aside. Accordingly, the matter is remitted back to the Deputy Collector, Touzi to pass a reasoned order within one month Signature Not Verified Digitally Signed from the date of presentation of a certified copy of this order.

Signed by: LITARAM MURMU Date: 13-May-2025 17:38:288. Accordingly, the Writ Petition is disposed of.

9. Personal appearance of the Deputy Collector, Touzi, dispensed with.

( Dr. S.K. Panigrahi)

Judge Murmu Signature Not Verified Digitally Signed Signed by: LITARAM MURMU