Gadadhar Swain Vs State of Odisha

01. 1. The petitioner is an ‘A’ class contractor and obtained the order for construction of Balisahi Gherry of C.E. No.83(B) on Kathajodi Left, having emerged as a successful bidder and applied to the authority i.e. opposite party No.4 for granting the quarry permit in relation to an ordinary earth for a period of six months.

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2. According to the petitioner, a right is created into a contractor, who is executing a public work, to have such quarry permit as the entire sands/ordinary earth is for use in execution thereof. The application was made as far as back on 22^nd October 2025, yet no decision has been taken by the Mining Officer, opposite party No.4 herein. On the stubbornness, dormant and lethargic approach of the said opposite party No.4 in not addressing the issues on such application, the present writ petition is filed for issuance of writ of

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mandamus upon the said opposite party No.4 to consider the application and dispose of the same within a time-bound manner.

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3. The writ petition is affirmed on 7^th January 2026, which percolates a message that till the said time, the application filed by the petitioner was neither considered nor disposed of by the said authority.

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4. However, in course of hearing, learned Additional Government Advocate (for short ‘AGA’) hands over the letter No.41/MM dated 8^th January 2026 issued by the Mining Officer, Cuttack Circle, Cuttack, which indicates that the petitioner was requisitioned to submit certain documents including the original copies of the affidavits enclosed in the said application for further verification. There is no timeline given therein, but it can be reasonably inferred that the authorities, on sensing that the petitioner approached the Court, have activated the process in order to avoid any stringent order to be passed in this regard. The said letter is taken on record.

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5. The time has come when the authority must be reminded of their solemn duties in disposing of the applications raising the grievances within the time frame. Showing reluctance or lethargic attitude in dealing with an application seeking a quarry permit for executing a public work impacts the execution of such work in a time-bound manner. It affects the public at large who shall be deprived of such public work and, therefore, such an errant officer must be sensitized so that the grievance so raised can be addressed within reasonable time.

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6. Be that as it may, the Government must introspect and ponder upon such issue in bringing some sense of accountability in discharging of the duties by the public officers and we leave it to the wisdom of the Government in this regard. Since the opposite party No.4 has already issued the letter dated 8^th January, 2026 requisitioning the petitioner to fulfill the conditions as imposed therein, we, therefore, direct the learned AGA to hand over the copy of the said letter to the advocate for the petitioner in course of the day.

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7. Liberty is granted to the petitioner to comply with the requisitions as indicated in the said letter as expeditiously as possible without causing any delay in this regard and we expect that upon fulfilling all the conditions as directed therein, the authority shall dispose of the said application within two weeks therefrom and communicate the same to the petitioner immediately.

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8. The writ petition is according disposed of.

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(Harish Tandon) Chief Justice

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Signature Not Verified

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Digitally Signed Signed by: MRUTYUNJAYA PANDA M. Panda Reason: Authentication Location: High Court of Orissa, Cuttack Date: 13-Jan-2026 19:20:02

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(M.S. Raman)

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Judge