M/S Amalgam Steel and Power Ltd., Kolkata Vs State of Odisha

The Petitioners in this writ petition seek to set aside the letter dated 14^th February, 2025 (Annexure-6) issued by the Deputy Director of Mines, Jajpur Road Circle, Jajpur Road and to renew the trading license for storage of coal granted to them under Annexure-3.

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Mr. Parija, learned Senior Advocate submits that the Petitioner No.1-Company, which situates in the State of Jharkhand, applied for a trading license for storage of coal in Odisha. On consideration of its application, the same was granted vide Annexure-3, which is valid up to 17^th April, 2025. Before expiry of trading license for storage under Annexure-3, the Petitioner No.1-Company made an application for its renewal under Rule 8(1) of the Orissa Minerals (Prevention of Theft, Smuggling & Illegal Mining and Regulation of

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Possession, Storage, Trading and Transportation) Rules, 2007 (for short ‘OMPT Rules’) in proper format following due procedure. On receipt of the application, a communication dated 14^th February, 2025 (Annexure-6) was made by the Deputy Director of Mines, Jajpur Road Circle, Jajpur Road intimating that the Petitioner No.1-Company is required to furnish Mining Dues Clearance Certificate (MDCC) for consideration of its application. Upon receipt of the said letter, the Petitioner No.1Company vide its reply/representation dated 28^th February, 2025 (Annexure-7) intimated that it is a holder of trading license for storage under OMPT Rules and it does not have any prospective license or mining lease either in the State of Odisha or in the State of Jharkhand. Thus, it is not required to submit the MDCC as claimed vide Annexure-6. The authority is sitting over the matter since then and no step has been taken for consideration of its application for renewal of trading license for storage. Since the trading license for storage is going to expire with effect from 18^th April, 2025, the Petitioners finding no other alternative have filed this writ petition seeking for the aforesaid relief.

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3.1 Mr. Parija, learned Senior Advocate appearing for the Petitioners further submits that Rule 4(1) of the OMPT Rules deals with procedure for grant of trading license, which includes license of storage. The application for trading license for storage should accompany with the documents as per Sub-rule (1) and (3) of Rule 4 of the said Rules, which reads as under:

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“ 4. Application for grant of Trading Licence '[(1) Any person who intends to procure, possess, store, sell,

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trade in, consume or otherwise deal with any mineral, shall make an application for a trading license of one or more minerals in Form A to the Competent Authority under whose jurisdiction, the local head office of business or as the case may be. The end use plant or mineral processing unit or the storage premises of the applicant is located and in case he applies for a license for storage of mineral, he shall make such application before the Competent Authority under whose jurisdiction the place of storage is located for each such premises.

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(2) xx xx xx

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(3) Every application made under Sub-rule (1) shall be accompanied by;

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(i) the original challan for the non-refundable fee as prescribed under Sub-rule (2) deposited under proper Head of Account;

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(ii)an attested copy of Nationality Certificate or the Photo Identity Card issued by the Election Commission of India or valid Indian Passport or permanent resident certificate issued by revenue authority in support of his nationality;

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(iii) a self-attested copy of the Permanent Account Number and latest available annual income tax return for an existing entity:]

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(iv) A self-attested copy of the GST registration; ] (v) an affidavit to the effect that the applicant has not been convicted in any Court of Law in any case relating to theft or smuggling or illegal mining or illegal transporting or illegal storage of minerals:

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(vi) [a self attested) copy of the certificate or order issued by the appropriate authority on establishment of factory or beneficiation plant or lapidary unit, if any:

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(vii) [In case of a holder of reconnaissance permit or prospecting license or prospecting licensecum-mining lease or mining lease, a self-attested] copy of the valid clearance certificate of mining dues payable under the Act or rules made there under issued by the Director of Mines, Orissa.

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Provided that in case the applicant is a partnership firm or a private limited company, such certificate shall be furnished by each partner of the partnership firm or, as the case may be, by the Board of Directors of the company separately:

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Provided further that where an applicant does not hold a reconnaissance permit or prospecting license or prospecting license-cum-mining lease or mining lease and has furnished an affidavit to that effect, it shall not be necessary for him to submit the said valid clearance certificates.

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(viii) an attested copy of valid consent to operate under the provisions of the Air (Prevention and Control of Pollution) Act, 1981 and the Water (Prevention and Control of Pollution) Act, 1974 and rules made thereunder from the State Pollution Control Board:

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(ix) an affidavit to the effect that none of the license issued to him earlier has been cancelled on the grounds of violation of terms and conditions of the licence issued under these rules.]

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(4) On receipt of application complete in all respect for trading licence or its renewal, the Competent Authority shall acknowledge the receipt in Form B.”

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3.2 It is submitted that Clause-(vii) of sub-rule (3) is not applicable to the case of the Petitioner No.1-Company as it is neither a holder of prospective license nor prospective licensecum-mining lease. Thus, the Petitioner No.1-Company is not required to submit the MDCC as claimed. As such, there is no legal impediment for renewal of trading license for storage of coal by the Petitioner No.1-Company, granted vide Annexure-3. It is, therefore, submitted that a direction may be issued to the Deputy Director of Mines, Jajpur Road Circle, Jajpur Road to take a decision on the pending application for renewal of trading license for storage submitted by the Petitioner No.1-Company

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taking into consideration the representation submitted by it under Annexure-7. He further submits that no coercive action should be taken against the Petitioner No.1-Company till a decision is taken on its application at Annexure-4 pending with the authority for renewal of trading license for storage.

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Mr. Panda, learned Additional Government Advocate submits that if such an application is pending with the authority, the same should be considered in accordance with law. He further submits that the authority, while considering the application for renewal of trading license for storage of Petitioner No.1-Company, should take into consideration the relevant provisions of the OMPT Rules, including Sub-Rule (1) and (3) of Rule 4 of the OMPT Rules, as well as its representation submitted under Annexure-7.

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Taking into consideration the submissions made by learned counsel for the parties, this Court, without expressing any opinion on the merits of the case of the Petitioners for renewal of trading license for storage, disposes of this writ petition with a direction to the Deputy Director of Mines, Jajpur Road Circle, Jajpur Road-Opposite Party No.3 to take a decision on such application submitted by the Petitioner No.1-Company under Annexure-4 as expeditiously as possible preferably within a period of three weeks from the date of production of certified copy of this order. Till a decision is taken on the application for renewal of trading license for storage submitted by the Petitioner No.1-Company under Annexure-4, no coercive action shall be

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taken against it for non-renewal of trading license for storage granted vide Annexure-3.

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Urgent certified copy of this order be granted on proper application.

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bks

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(K.R. Mohapatra) Judge

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