IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No.35807 of 2025 Sawmyadip Chakrabarty …. Petitioner Mr. Ishwar Mohanty, Advocate -versus-

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

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

ORDER

Order No. 17.02.2026

01. 1. The present writ petition is filed with the following prayer(s):-

“Under the aforesaid facts and circumstances, the Petitioner prays before this Hon’ble Court for issuance of appropriate direction/(s) and Writ/(s) to the Opposite Parties more particularly the Opposite Party No.6, the Mining Officer, Balasore to extend the lease of the Dhitpura sand quarry thereby allowing the Petitioner to operate the Dhitpura sand quarry source upto 03.12.2027 as per the statutory framework envisaged under Odisha Minor Mineral Concession Rules, 2016, in the interest of Justice;

And may pass any other order/orders, direction/directions, writ/writs as this Hon’ble Court deem fit and proper;

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

2. The petitioner, successful bidder, got the lease deed executed effective from 29.01.2021 to be valid till 28.01.2026 for quarrying operation at “Dhitpura Sand Bed”.

3. It is submitted by Shri Ishwar Mohanty, learned counsel for the petitioner that due to order of stay passed by the learned National Green Tribunal, Eastern Zone Bench, Kolkata, the petitioner could not carry on quarry operation. Since the order of stay was operative from 20.05.2023 to 25.03.2025, the petitioner is entitled to extension of period of lease for a period of 22 months and 5 days. It is submitted that the authority concerned was moved on many occasions for extension of period of lease and last such approach was made by representation dated 07.04.2025. Since the authorities have not yet taken up the representation for consideration, the writ petition has been filed.

4. Ms. Aishwarya Das, learned Additional Standing Counsel furnished written instructions received from Mining Officer, Balasore, wherein it is admitted as follows:-

“4. Subsequently, the Minding Officer, Balasore issued a letter to all leassees of operational sand sources of Balasore District, instructing them to restart operations after obtaining all statutory clearances, as the DSR was approved by SEIAA on 23.05.2024. Accordingly, the leassee of Dhitpura Sand Source resumed operation.

5. However, as per the Lease deed, the lease period of Dhitpura Sand Source expired on 28.01.2026, and therefore, the quarry operation was stopped after expiry of the said date.

9. Also, the leassee of Dhitpura Sand Source applied for extension of the lease period from 20.05.2023 to 25.03.2025, during which quarry operation remained stayed due to the order passed by the Hon’ble NGT, Eastern Zone Bench.”

5. It is submitted by learned counsel for the petitioner that this Court directed the authority to consider the representation seeking extension of lease period during which the sand sairat could not be operated by the lease holder in the cases of Prasanta Kumar Mohanty vs. State of Odisha, W.P.(C) No.33235 of 2025 vide judgment dated 17.12.2025 and Suraj Agrawal vs. State of Odisha and others, W.P.(C) No.32657 of 2025 vide order dated

06.01.2026.

6. Ms. Aishwarya Das, learned Additional Standing Counsel conceded that given a direction, the authority concerned can consider such representation of the petitioner.

7. Considered the submission advanced by the counsel for respective parties, it is admitted fact on record that the lease deed expired on 28.01.2026 but the authority concerned made it clear that the lessee applied for extension of lease period from 20.05.2023 to 25.03.2025 during which the quarry operation remained stayed due to order passed by the learned National Green Tribunal, Eastern Zone Bench, Kolkata.

8. Perusal of judgment dated 17.12.2025 in the case of Prasanta Kumar Mohanty (supra), it is revealed that this Court has