High Court disposed of a writ petition challenging a sand lease grant in a scheduled area, directing petitioners to raise grievances before the Sub-Collector within two weeks, with the authority to act within six weeks.
Direction to consider petitioners' grievances before Sub-Collector filed within two weeks.
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W.P.(C) No.20068 of 2020
Heard Mr. P.K. Mohapatra, learned counsel for the petitioners and Mr. S.N. Mishra, learned Additional Government Advocate for the State-opposite parties.
The petitioners are some of the villagers of VillageTunagambharia under Badasahi P.S. in the district of Mayurbhanj have filed this writ petition assailing the grant of lease of minor mineral (sand) granted in favour of the opposite party no.5 pursuant to work order No.1142 dated 29.05.2020 issued by the Tahasildar, Badasahi, Mayurbhanj-opposite party no.4.
Mr. Mohapatra, learned counsel for the petitioners submits that since the sand sairat situates within a scheduled area, the authorities before granting the lease under the Odisha Minor Mineral Concession Rules, 2016 ought to have complied with Section 4 of the Panchayats (Extension to the Scheduled Areas) Act, 1996 (for short ‘the PESA Act’). He further submits that the opposite party no.5 after receiving the work order has also violated the terms of the lease and has obstructed the free flow of Balanga river for which the Sub-Collector, Baripada, Mayurbhanj vide his letter No.4229 dated 09.06.2020 directed the Executive Engineer, Mayurbhanj Irrigation Division, Baripada, Mayurbhanj to make an inquiry and do the needful. In that view of the matter, he prays for quashing the work order no.1142 dated 29.05.2020 issued by the Tahasildar, Badasahi, Mayurbhanj-opposite party no.4.
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Mr. Mishra, learned Additional Government Advocate for the State, on the other hand, submits that if there is any violation of PESA Act, then the SubCollector, Baripada, Mayurbhanj-opposite party no.3 is the competent to take a decision on the same and do the needful.
In that view of the matter, this Court without expressing any opinion on the merits of the case, disposes of the writ petition with a direction that in the event the petitioners file a representation before the Sub-Collector, Baripada, Mayurbhanj-opposite party no.3 ventilating their grievances within a period of two weeks hence, he shall do well to consider the same and do the needful as expeditiously as possible preferably within a period of six weeks from the date of filing of such representation along with an authenticated copy of this order downloaded from the website of the Orissa High Court.
Authenticated copy of this order downloaded from the website of this Court shall be treated at par with certified copy in the manner prescribed in this Court’s Notice No.4587 dated 25.03.2020.
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K.R. MOHAPATRA,J.
jm
Colour shows how this judgement treated each authority
No cases citedReferred
Villagers of Village Tunagambharia
State of Odisha
Tahasildar, Badasahi
Opposite Party No. 5
Sub-Collector, Baripada
K.R. Mohapatra
As recorded by the court registry
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