Susanta Kumar Jena Vs State of Odisha — Orissa HC (2025) — LawSathi Research

Susanta Kumar Jena Vs State of Odisha — Orissa HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of on the Court's expectation that the erstwhile appellate authority transmit the records and the appellate authority (Deputy Director of Mines under Rule-46(1)) bring the pending Sairat Appeal No.1 of 2020 to its logical end within three months from date.

Issue for consideration

Whether the pending Sairat Appeal No.1 of 2020 before the Revenue Divisional Commissioner (Central Division), Cuttack ought to be disposed of within a time bound manner. +1 more

Court's answer

The Court expected and hoped that the appellate authority would make endeavour to bring the said proceedings to its logical end within three months from date.

Ratio / Principle

In view of the amendment brought into the Rules, it is the ardent duty of the erstwhile appellate authority to transmit all the records to the appellate authority now in place, so that the pending appeal can be brought to its logical conclusion.

Key takeaways

Since the erstwhile appellate authority had fixed a date, the Court expected that the authority will take a conscious decision in view of the change in law having taken place in the interregnum.obiter¶28

Detailed headnote1 paragraphs

Susanta Kumar Jena v. State of Odisha and others, W.P.(C) No.18879 of 2025 (High Court of Orissa at Cuttack, order dated 18.07.2025; Harish Tandon, Chief Justice and M.S. Raman, Judge): The writ petition was taken out owing to the pendency of Sairat Appeal No.1 of 2020 before the Revenue Divisional Commissioner (Central Division), Cuttack, to remind the officer of the solemn duty to dispose of the appeal within a time bound manner. The learned AGA submitted that, subsequent to the filing of the appeal, the Odisha Minor Mineral Concession (Second Amendment) Rules, 2022, duly notified on 27th December, 2022 in an extraordinary Odisha Gazette, effected a sea change in the conferment of appellate power, with the appeal now lying before the Deputy Director of Mines under Rule-46, Sub-Rule-1 of the Odisha Minor Mineral Concession Rules, 2016. The Court held it an ardent duty of the erstwhile appellate authority to transmit all the records to the appellate authority now in place so that the appeal could be brought to its logical conclusion, and expected and hoped that the appellate authority would make endeavour to bring the proceedings to their logical end within three months from date. The writ petition was disposed of.

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.18879 of 2025

Susanta Kumar Jena

…. Petitioner

Represented by Adv.– Mr. S.B. Mohanty, Advocate

-Versus-

State of Odisha and others

…. Opposite Parties

Represented by Adv.–

Mrs. Suman Pattanayak, Addl. Govt. Advocate

CORAM:

HON’BLE THE CHIEF JUSTICE AND

HON’BLE MR. JUSTICE MURAHARI SRI RAMAN

ORDER

Order No.

02.

18.07.2025

1. Being perplex with the pendency of a Sairat Appeal No.1 of 2020

before Revenue Divisional Commissioner (Central Division), Cuttack,

the instant writ petition is taken out for reminding the officer of their

solemn duty to dispose of the appeal within a time bound manner. The matter was adjourned yesterday to enable Mrs. Suman Pattanayak, learned Additional Government Advocate (AGA) to take an appropriate step.

2. Learned AGA submits that subsequent to the filing of the said appeal, an amendment is brought to the Odisha Minor Mineral Concession Rules, 2016 by way of the Odisha Minor Mineral

Page 1 of 3

Concession (Second Amendment) Rules, 2022 duly notified on 27^th December, 2022 in the Odisha Gazette on extraordinary, whereby the relevant provision relating to the conferment of power upon an officer to act as an appellate authority as undergone a sea change.

3. By virtue of the said amendment, which came into effect on and from 27^th December, 2022, the appeal under the aforesaid provisions lies before the Deputy Director of Mines under Rule-46, Sub-Rule-1 of the said rules.

4. In view of the amendment have been brought into the Rules, it is

an ardent duty of the erstwhile appellate authority to transmit all the records to the appellate authority now in place, so that the same can be brought to its logical conclusion.

5. We are informed that the erstwhile appellate authority has fixed a date today for taking an appropriate step and/or passing the appropriate order taking into account the amendment having brought in the meantime. Since the date is fixed, we expect that the authority will take a conscious decision in view of the change in law having taken place in the interregnum.

Page 2 of 3

6. We expect and hope that the appellate authority would make endeavour to bring the said proceedings to its logical end within three months from date.

7. The instant writ petition is thus disposed of.

(Harish Tandon) Chief Justice

(M.S. Raman)

Judge

S.K. Behera

Signature Not Verified

Digitally Signed Signed by: SISIRA KUMAR BEHERA Designation: Junior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 22-Jul-2025 10:13:21

Page 3 of 3