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ORISSA HIGH COURT
S. MURALIDHAR, CJ, S.K.MISHRA, J
MINAKSHI PRADHAN – Appellant
Versus
STATE OF ODISHA – Respondent


06. 18.01.2021

1. Heard learned counsel for the parties by video conferencing

mode.

2. This writ petition has been filed challenging the auction

Notice dated 26th May, 2020 under Annexure-2 issued by the

Opposite Party No.3 fixing the criteria for the bidders to submit

the Bank Guarantee only and not the solvency certificate in

violation of Rule 27(4) of the Odisha Minor Mineral

Concession Rules, 2016. Petitioner has also challenged Clause-

6 of the Order No.465 dated 2nd January, 2020 under Annexure-

4 issued by the Government of Odisha in Revenue and Disaster

Management Department whereby it has been directed that

none of the Departments shall ask for solvency certificate for

grant of licence for issuing license to storage agents, grant of

renewal of excise licence, quarry lease, etc. Instead, they will

file IT returns, Bank Guarantee etc. for issuing such licences.

3. Mr. K.A. Guru, learned counsel for the Petitioner submits

that the Opposite Party No.3 has issued the auction notice

dated 26th May, 2020 under Annexure-2 for grant of lease of

Sand Sairat (minor minerals) in respect of Batasing,

Panigengutia, Jatia and Kulei Sand Quarr

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