Sarata Chandra Behera Vs State of Odisha

A. Issue an appropriate writ directing the Opposite Parties to permit the petitioner to deposit the demand amount of Rs.89,84,389/- raised vide demand notice vide letter no. 1780 dated 09.03.2026 in reasonable instalments within such reasonable time as this Hon'ble Court may deem fit and proper;

¶16

B. Direct the Opposite Party (Mining Officer) to allow the petitioner to continue lawful quarry operations under the existing lease upon payment of the first instalment;

¶17

C. Permit adjustment of the alleged excess extraction quantity of 6884.109m within the remaining operational period of the quarry lease;

¶18

D. Pass such other order(s) as this Hon'ble Court may deem fit and proper in the interest of justice.

¶19

Page 1 of 5

¶20

And for this act of kindness the petitioner shall ever pray.”

¶21

2. The petitioner, successful bidder of Bajabati Black Stone Quarry No.2, upon obtaining mining plan and environmental clearance, was accorded Consent to Establish vide Office Memorandum dated 10.02.2023 issued by the Regional Office, Kalinga Nagar, State Pollution Control Board and Consent to Operate by Order No.398, 15.02.2023. On 28.03.2025, the Consent to Operate has been extended till 31.03.2026. Accordingly, lease agreement was executed for a period of one year under Rule 27(13) of Odisha Minor Mineral Concession Rules, 2016 on 17.02.2023. Further, on 04.04.2024, a lease agreement was executed for the remaining period of four years under the said provision.

¶22

3. Upon deed of agreement being executed between the petitioner and the proprietor of Sunil Enterprises, Sri Sunil Kumar Jena for conducting blasting, the Directorate of Mines and Safety authorized the appointment of Manager of Mines vide letter No.270513 dated 02.12.2024 in compliance of Regulation 34 (6) of the Metalliferous Mines Regulations 1961.

¶23

4. On 12.01.2026, a show cause notice was issued to the petitioner alleging mining/removal of excess quantity of 6834.109 cubic metre of black stone during the period from 31.03.2022 to 26.12.2025. A reply was submitted before the Mining Officer on 17.02.2026 denying the liability. However, a demand to the tune of Rs.89,84,389/- has been raised imposing the penalty for over-extraction of black stone from

¶24

Page 2 of 5

¶25

Bajabati Black Stone Quarry No.2 vide Letter No.1780/MM, Jajpur dated 09.03.2026.

¶26

5. Mr. Subir Palit, learned Senior Advocate assisted by Ms. Ananya Pradhan, learned Advocate would submit that the demand so raised by the Mining Officer (I/C), Jajpur has been directed to be deposited within seven days which is inadequate for the petitioner to comply with. The petitioner is unable to arrange such huge amount of money within such short period. The petitioner, therefore, by way of this writ petition seeks indulgence of this Court for allowing him to deposit the said amount of demand in instalments.

¶27

6. Referring to Paragraphs 136 and 227 of the Judgment rendered by the Hon’ble Supreme Court of India in Common Cause Vrs. Union of India and others, (2017) 9 SCC 499 , submitted that the petitioner has come up before this Court to be considerate enough to allow him to deposit the amount so demanded in instalments so as to enable the petitioner to continue with the mining operation.

¶28

7. Mr. Sanjib Kumar Swain, learned Addl. Government Advocate opposing such prayer, submitted that since the petitioner has illegally extracted excess quantity of black stone, he is liable to deposit the demanded amount which comprises penalty.

¶29

8. Heard Mr. Subir Palit, learned Senior Advocate assisted by Ms. Ananya Pradhan, learned Advocate appearing for the petitioner and Mr. Sanjib Kumar Swain, learned Addl.

¶30

Page 3 of 5

¶31

Government Advocate appearing for the opposite partiesState.

¶32

9. Considered the contentions and submissions made by learned counsels appearing for the respective parties. Perusal of Letter dated 09.03.2026 issued by the Mining Officer reveals that demand of Rs.89,84,389/- has been directed to be deposited within seven days with caution that failure to deposit the said amount within the stipulated period would invite action in accordance with Odisha Minor Minerals Concession Rules, 2016 as amended from time to time.

¶33

10. As the petitioner in the writ petition conceded to pay off the demanded amount if the payments are made easy, taking into account the plight of the petitioner in arranging such a huge amount within a short period, it is deemed proper to allow the petitioner to deposit the said demanded amount in installments. Considering the prayer (A) as stated hereinabove, interest of justice would be best subserved if the petitioner is directed to deposit the demanded amount of Rs.89,84,389/- in three equated installments in three consecutive months. The authority concerned is directed to consider allowing the petitioner to operate the quarry in question in terms of mining plan and environment clearance along with CTE and CTO on receipt of the first instalment of demanded amount. It is made clear that in case the petitioner fails to deposit the aforesaid amount in the manner specified above, the authority concerned shall be free to enforce the entire liability in accordance with law.

¶34

Page 4 of 5

¶35

11. With the aforesaid observations and direction, the writ petition along with the pending Interlocutory Application(s), if any, shall stand disposed of.

¶36

(Harish Tandon) Chief Justice

¶37

(M.S. Raman) Judge

¶38

Bichi

¶39

Signature Not Verified

¶40

Digitally Signed Signed by: BICHITRANANDA SAHOO Designation: Secretary Reason: Authentication Location: Orissa High Court, Cuttack Date: 04-May-2026 11:58:24

¶41

Page 5 of 5

Sarata Chandra Behera v. State of Odisha

Case brief

What is this about?

What did the court decide?

Sarata Chandra Behera v. State of Odisha

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Cases cited

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

M/S Raja Bricks, Baleswar Vs State of Odisha

Shyama@Shyam Bana Vs State of Odisha

Sudhir Kumar Thakur Vs State of Odisha

M/S Indian Oil Corporation Ltd, Bbsr Vs Union of India

Pabitra Mohan Ghadei Vs State of Odisha

Rashmi Ranjan Jena Vs Executive Officer, Nac Dharamgarh