Sarat Behera Vs State of Odisha

1. The petitioner, a successful bidder, was granted quarry lease of Manpur Mahanadi River Sand Quarry over an area of Ac.12.20 decimals (4.934 hecters) pertaining to Plot Nos.2251 and 2252 in Khata No.280 in Mouza: Manpur for five years to be counted from the date of registration of lease deed, i.e ., 25.01.2021 in terms of Rule 43 (2) of Odisha Minor Mineral Concession Rules, 2016 (for short, “OMMC Rules”). After obtaining environmental clearance, being issued in its favour vide Letter dated 17.02.2020, on the basis of “Consent to Operate” dated 21.08.2021 and payment of requisite statutory dues, the quarry could be operated.

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1.1. Upon change of administrative control by virtue of Notification dated 17.12.2022, the process for issue of transit permit for minor minerals has been vested with the Steel and Mines Department. On account of such transition, new online system under the said Department with dedicated user ID and Password has been put in place to facilitate access of “Transit Permit Module” on the i4MS portal by each lease holder.

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1.2. On 22.03.2023, Replacement Study Report in respect of aforesaid sand quarry was submitted to the Tahasildar, Narasinghpur for necessary action. Accordingly, the records were transferred from the Office of the Tahasildar, Narasinghpur to the Office of Mining Officer, Cuttack Circle on 26.10.2023. The Mining Officer directed the petitioner to stop the mining operation till new user ID and Password are provided to the petitioner to access the “Transit Permit Module” on i4MS portal. Despite several approaches made to the concerned Mining Officer to continue with the lease, which has been stopped since 26.10.2023, no action has been taken as yet. The Mining Officer, Cuttack Circle vide Letter dated 01.02.2025 requested the petitioner to take steps for modification of the mining plan to enhance annual MGQ. Accordingly, the mining plan was modified and was on approved by the Deputy Director, Geology 05.06.2025. Thereafter, the Mining Officer vide Letter

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dated 10.06.2025 submitted proposal to the Chairman, State Environmental Impact Assessment Authority (SEIAA) for grant of modified Environmental Clearance. The said SEIAA has rejected the proposal of modified Environmental Clearance for increased production capacity. The petitioner on 18.08.2025 submitted another application for grant of a fresh environmental clearance in respect of the aforesaid sand quarry for the increased quantity.

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2. Mr. Pravat Kumar Muduli, learned Advocate for the petitioner submitted that the request for grant of environmental clearance having not been considered as yet and the period of tenure of lease is due to expire on 24.01.2026, the petitioner by application dated 15.12.2025 requested the Mining Officer to consider for recommending extension of mining lease period for further period equivalent to time elapsed due to non-issue of user ID and Password, i.e . from 26.10.2023 till date. The credentials are finally provided. It is submitted that for no fault of the petitioner, the quarry operation at the aforesaid sources has been stopped and the petitioner could not operate the quarry since 26.10.2025.

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2.1. Mr. Pravat Kumar Muduli, learned Advocate further submitted that the petitioner has come up before this Court with limited grievance that if his application for extension of period of quarry lease is not considered and

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disposed of on or before 24.01.2026, serious prejudice would ensue. It is submitted that the petitioner claims extension of period of quarry from 26.10.2025 till the new user ID and Password are given.

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3. Mr. Debashis Tripathy, learned Addl. Government Advocate for the opposite parties did not dispute the position and conceded that the tenure of quarry lease would expire on 24.01.2025. However, he did not oppose the prayer of the petitioner for issue of direction to the authority concerned for consideration of the application dated 15.12.2025 filed before the Mining Officer within a stipulated period.

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4. Heard Mr. Pravat Kumar Muduli, learned Advocate for the petitioner and Mr. Debashis Tripathy, learned Addl. Government Advocate for the opposite parties-State.

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5. Since counsels for both sides have conceded that the period of lease deed is due to expire on 24.01.2026, it is felt expedient to issue writ of mandamus to the Mining Officer, Cuttack Circle, Cuttack (opposite party No.4), before whom the representation/application dated 15.12.2025 is stated to have been pending, to hear and dispose of the representation/application dated 15.12.2025 on or before 24.01.2026. To expedite the process, the petitioner is directed to appear before the said authority on or before 16.01.2026 along with copy of this order. Upon his appearance, the Mining Officer shall

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take up the representation for consideration forthwith or may fix a suitable date and time before 24.01.2026. After affording an opportunity of hearing to the petitioner, a decision be taken on the basis of materials available on record and to be produced by the petitioner, if any, and pass appropriate order before the aforesaid date. The decision taken shall be communicated to the petitioner. Needless to observe that this Court has not expressed any opinion on the merit of the matter.

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6. With the aforesaid observation and direction, the writ petition stands disposed of.

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(Harish Tandon) Chief Justice

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(M.S. Raman) Judge

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Bichi

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Signature Not Verified

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Digitally Signed Signed by: BICHITRANANDA SAHOO Designation: Secretary Reason: Authentication Location: Orissa High Court Date: 15-Jan-2026 11:09:03