Disposed
M/S.Ankita Crusherp v. State and Ors.
Orissa HCWP(C)/11353/2014
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Heard learned counsel for the parties. By…
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W.P.(C) No. 11353 of 2014
10. 05.02.2019
Heard learned counsel for the parties.
By way of this writ petition, the petitioner has challenged the order dated 24.02.2014 (Annexure-10) passed by the Director of Mines, Odisha confirming the order dated 21.11.2013 (Annexure-9) passed by the Mining Officer, Keonjhar wherein Renewal Application RLA 16440/2013 for grant of Trading License of the petitioner no. 1 for Procurement, Storage, Processing & Selling of Iron Ore has been rejected in contravention of the provisions of 5th proviso to Rule 3 of the Orissa Minerals (Prevention of Theft, Smuggling and Illegal Mining and Regulation of Possession, Storage, Trading and Transportation) Rules, 2007 (for short ‘OMPTS Rule, 2007’).
It is the case of the petitioner that before rejecting his application for renewal, no opportunity of hearing was afforded to him. Thus, the rejection of his application for renewal of license suffers from violation of principles of natural justice. He further contended that proviso to Rule-3 of OMPTS Rules, 2007 is not applicable to the case of renewal of license, as the petitioner which is a crusher unit is functioning at that place from the date of its inception.
Learned counsel for the petitioner has relied upon Rule 3 of the OMPTS Rules, 2007, which reads as under:
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any place for the purpose of sale or consumption or otherwise deal with any mineral except under and in accordance with the terms and conditions of a trading license granted under these rules:
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Provided also that in order to discourage procurement of illegally extracted mineral(s) no license for storage of mineral for trading shall be granted within a radius of 40 K.Ms. of the source of such mineral except for storage in the premises of a licensee carrying out beneficiation and/or processing in the said premises.”
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In our considered opinion, while granting renewal of license, no notice is required. The proviso to Rule-3 of OMPTS Rules, 2007 is applicable to the renewal application also. If the petitioner makes an application for shifting of the crusher unit beyond 40 K.Ms. radius of the source of Iron Ore within a period four weeks from today, the same shall be considered sympathetically in accordance with law.
This writ petition stands disposed of.
Urgent certified copy of this order be granted on proper application.
.…….......……………… ( K.S. Jhaveri ) Chief Justice
…………………..……… ( K. R. Mohapatra) Judge
bks/jm
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2 issues framed by the court
Whether notice is required when granting renewal of a trading license under the OMPTS Rules, 2007.
Whether the 5th proviso to Rule 3 of the OMPTS Rules, 2007 is applicable to the renewal of trading licenses.
1 provisions across 1 enactments
Petitioner
Director of Mines, Odisha
K.S. Jhaveri
K. R. Mohapatra
As recorded by the court registry
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