p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.7791 of 2025 Sachin Kumar Sahoo ….. Petitioner Mr. D.P. Nanda, Senior Advocate -versus- 1. State of Odisha 2. Directorate of Mines, Heads of Department Building, Bhubaneswar 3. Collector -cum- District Magistrate, Cuttack 4. Tahasildar, Cuttack 5. Mining Officer, Cuttack Circle, Cuttack ..... Opp. Parties Mr. Goutam Tripathy, Addl. Govt. Advocate CORAM: THE HON'BLE MR. JUSTICE S.K. SAHOO THE HON'BLE MR. JUSTICE CHITTARANJAN DASH Order No. ORDER 10.04.2025 02. This matter is taken up through Hybrid arrangement (video conferencing/physical mode). Heard Mr. D.P. Nanda, learned Senior Advocate appearing for the petitioner and Mr. G. Tripathy, learned Addl. Govt. Advocate appearing for the opp. parties. p. 2 This writ petition has been filed by the petitioner with the following prayer:- “a) Directing the Opp. Party No.5 to allow the petitioner to perform mining operations over the area, namely Birupa River Sand Bhatimunda. In Mouza-Bhatimunda, Khata No.441, Plot No.1116, Kisam Nadi, Area Ac.12.34 dec (MGQ 5400CuM) as per the terms of the lease deed dated 10/05/2022 under Annexure-3 by paying the entire demand except the dead rent raised in letter no.957, dated 18/03/2024 under Annexure- 6; b) And pass such other writ/writs, order/orders, direction/ directions as this Hon'ble Court deems fit and proper for the ends of justice.” Mr. Nanda, learned Senior Advocate appearing for the petitioner submits that a demand notice dated 18.03.2024 was issued by the Mining Officer, Cuttack Circle, Cuttack, (opp. party no.5) under Annexure-6 and the said notice was challenged before this Court in W.P.(C) No.12919 of 2024 and the said writ petition was disposed of vide order dated 18.06.2024 without going into the merits of the contentions raised in the writ petition giving liberty to the petitioner to raise all pleas as taken in the writ petition before the appellate forum, if any appeal is filed. Mr. Nanda, further submits that in view of section 46 of the Odisha Minor Mineral Concession Rules, 2016 (hereafter, “2016 Rules”), he has preferred the Mineral p. 3 Concession Appeal on 10.07.2024 (number not assigned). Rule 2 of section 46 of 2016 Rules states that no appeal shall be admitted unless the amount, if any, assessed in accordance with the provisions of the rules as per the orders, has been deposited. Learned counsel further submits that in view of 2nd proviso to sub-rule 2 of Rule 32 of 2016 Rules states that the lessee becomes liable for payment of royalty for any minor mineral removed or consumed by him or his agent, manager and employees or the contractor from the leased area, he shall be liable to pay either such royalty or the dead rent whichever is higher, but so far as the case of the petitioner is concerned, he has not removed or consumed any minor mineral and therefore, the demand notice, which has been issued under Annexure-6 is not sustainable in the eye of law and since in view of sub-rule 2 of rule 42 of 2016 Rules, if he is compelled to deposit the entire amount assessed under Annexure-6, he shall be seriously prejudiced. Mr. Nanda, after arguing for some time seeks permission of the Court to withdraw the writ petition with a liberty to file appropriate application before the appellate authority to reduce the amount and to permit the petitioner to deposit the entire amount except the dead rent and the authority may be directed to consider the same in accordance with law. Mr. Tripathy, learned Addl. Govt. Advocate appearing for the opp. parties has no serious objection to p. 4 such prayer. Permission is granted. In view of such, the writ petition stands disposed of giving liberty to the petitioner to file appropriate application in the appeal, which has been filed under Annexure-8 before the appellate authority. Mr. Nanda, learned Senior Advocate appearing for the petitioner submits that he will file such application before the appellate authority within a period of one week. If such application is filed before the appellate authority, the appellate authority shall dispose of the same as expeditiously as possible, preferably within a period of one month from the date of filing of such application. Issue urgent certified copy as per Rules. ( S.K. Sahoo) Judge (Chittaranjan Dash) Judge Pravakar/sipun