IN THE HIGH COURT OF ORISSA AT CUTTACK W.P. (C) No.2902 of 2026 Pratap Kishore Mohanty …. Petitioner Mr. Arnav Behera, Advocate -versus-

State of Odisha and others …. Opposite Parties Mr. Saswat Das, Addl. Government Advocate CORAM:

HON’BLE THE CHIEF JUSTICE AND HON’BLE MR.JUSTICE MURAHARI SRI RAMAN

ORDER

17.02.2026 Order No.

01. 1. The petitioner has come up before this Court with the following prayer:

“It is therefore most humbly prayed that this Hon’ble Court may graciously be pleased to:

a. Allow the present writ petition and issue a writ, order, direction or declaration to the Opposite Parties to extend the quarry lease granted to the Petitioner in respect of the Nayakote Laterite Stone Quarry-A ending on 07.02.2026 for a proportionate period beyond the said date for the non-functioning of the lease due to the delay and laches of the Opposite Parties in demarcating the lease from

08.02.2021 to 15.07.2024;

b. Pass further appropriate order (s) or direction (s) as this Hon’ble Court may deem fit and proper in the light of facts and circumstances of the case and interest of justice.

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

2. The petitioner was declared highest bidder on participation in the auction in respect of Laterite Lease in respect of “Nayakote Laterite Stone Quarry-A” on 23.07.2020. The State Level Environment Impact Assessment Authority, Odisha, Bhubaneswar granted Environmental Clearance on 17.12.2020. Accordingly, on 08.02.2021 a long-term lease agreement was executed between the petitioner and the State Government, i.e., for a period of five years from 08.02.2021 to 01.02.2026. The petitioner received demand notices for payment of advance royalty, additional charge, DMF, EMF etc. for the first two years of the lease vide demand notice dated 12.01.2021 and 23.02.2022 for a sum of Rs.4,20,559/- each.

3. On 25.11.2022, the petitioner filed a representation to the Tahasildar, Tangi ventilating his grievances. Thereafter, the Tahasildar vide letter dated 13.01.2023 directed the R.I., Chhanagiri and the Geologist, Collectorate, Khordha to remain present on 21.01.2023 for demarcation of the stone quarry in question. Being aggrieved by non-demarcation of the lease for two years, on 07.06.2023, the petitioner filed CRLMP No.1134 of 2023 before this Court seeking a direction to the Superintendent of Police, Khordha to provide protection to operate the stone quarry. On 12.10.2023, the Court disposed of the same granting liberty to the petitioner to make a fresh representation to the authority. On the representation preferred by the petitioner on 19.10.2023, the Addl. District Magistrate, Khordha vide order dated 14.11.2023 directed the Tahasildar, Tangi to submit the action taken report. On 15.07.2024, the Tahasildar, Tangi issued a public notice inviting objections from all stakeholders regarding demarcation of the stone quarry.

4. Learned counsel appearing for the petitioner submitted that the petitioner was unable to commence production at the Nayakote Laterite Stone Quarry-A for more than two years from the date of execution of lease deed, despite having paid all statutory dues. Hence, the petitioner preferred the representations seeking extension of the mining lease period for a further period of three years beyond 07.02.2026. He placed reliance on the judgment dated 17.12.2025 rendered in the case of Prasanta Kumar Mohanty Vs. State of Odisha and others, W.P.(C) No.33235 of 2025.

5. Mr. Saswat Das, learned Addl. Government Advocate appearing for the opposite parties and conceded that the said judgment of this Court, is applicable in the fact situation of the present case.

6. Considered the submissions of the counsel for the respective parties.

7. As is apparent from the record that the petitioner beseeches issue of writ of mandamus to the opposite parties to extend the period of lease for the period which the mining activity remained closed in the circumstances not attributable to the petitio