IN THE HIGH COURT OF ORISSA AT CUTTACK W.P. (C) No.4038 of 2026 Janak Ram Patel …. Petitioner Mr. Prafulla Kumar Rath, Senior Advocate assisted by Mr. Saibrata Rath, Advocate -versus-

State of Odisha and others …. Opposite Parties Ms. Biswabara Dash, Addl. Standing Counsel CORAM:

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

ORDER

17.02.2026 Order No.

01. 1. The memo of appearance of Mr. Prafulla Kumar Rath, learned Senior Advocate to argue the case on behalf of the petitioner is taken on record.

2. The petitioner has come up before this Court with the following prayer(s):

“The petitioner, therefore, prays that your Lordships would be graciously pleased to admit this writ petition, call for the records and after hearing the parties allow the same, issue writ/writs in the nature of certiorari/mandamus and/or any other further writ/direction, and direct the opposite party/Mining officer to extend the period of lease agreement, matching the closure period i.e. from 10.08.2023 to 17.04.2025 and adjust the amount deposited by the petitioner during such closure period.

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

3. The petitioner was declared highest bidder in the auction in respect of “Daldali” sand sairat on 14.09.2020. The State Level Environment Impact Assessment Authority, Odisha, Bhubaneswar on 08.02.2021 granted Environmental Clearance. Accordingly, on 16.03.2021 an agreement in Form-‘N’ was executed between the petitioner and Tahasildar, Tangarpali (opposite party No.4) for a period of one year with a Clause to renew every year for next four years. On account of amendment being carried out in the Odisha Minor Mineral Concession Rules, 2016 vide notification dated 27.12.2022 the records of the petitioner were transmitted to Deputy Director of Mines, Rourkela by Tahasildar, Tangarpali.

3.1. The Mining Officer by letter dated 10.08.2023 issued notice directing the petitioner to submit certain documents and furnish compliance with deficiencies and directed to stop the quarry operation.

3.2. After obtaining requisite documents from different authorities, the petitioner having submitted the same before the Mining Officer, the sand sairat could be made operational with effect from 17.04.2025. Since no decision is taken by the Mining Officer with respect to extension of lease period during which there was closure of quarry (10.08.2023 to 17.04.2025) in view of the circumstances not attributable to the petitioner, this writ petition has been filed.

4. Mr. Prafulla Kumar Rath, learned Senior Advocate being assisted by Mr. Saibrata Rath, learned Advocate appearing for the petitioner submitted that due to the circumstances beyond the control of the petitioner on account of closure of sand sairat at the behest of the Mining Officer, the period for which sand sairat was stalled, the petitioner is entitled for extension of period to operate the sand sairat for such period. 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. Ms. Biswabara Dash, learned Addl. Standing Counsel appearing for the opposite parties 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 accord extension of period of lease for the period which the mining activity remained closed on account of the order of the Mining Officer.

8. This Court in similar circumstances in the case of Prasanta Kumar Mohanty (supra) desisted by compelling the opposite parties to extend the period of lease as sought for by the petitioner in absence of any express provisions contained in the Mines and Minerals (Development and Regulation) Act, 1957 and the Odisha Minor Mineral Concession Rules, 2016. This C