p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No. 26968 OF 2024 M/s. Shree Jagannath Stone Suppliers, Bhubaneswar …. Petitioner Mr. Nityabrata Behuria, Advocate on behalf of Mr. Sibanarayan Biswal, Advocate -versus- State of Odisha and others …. Opp. Parties Mr. Debashish Tripathy, Additional Government Advocate CORAM: JUSTICE K.R. MOHAPATRA JUSTICE SANJAY KUMAR MISHRA ORDER Order No. 25.02.2025 2. 1. This matter is taken up through hybrid mode. 2. The Petitioner in this writ petition prays for a direction to set aside the lease deed dated 15th February, 2024 (Annexure-7) executed in favour of Opposite Party No.6, namely, Shri Sudeep Kumar Gharai and to issue direction to the Mining Officer, Balasore-Opposite Party No.5 to stop mining operation of Sarisua Stone Quarry No.41 of Mouza- Sarisua in the district of Balasore. 3. Mr. Behuria, learned counsel submits that he is authorized by Mr. Biswal, learned counsel for the Petitioner to argue the matter. It is his submission that the lease deed of stone quarry was executed in favour of Opposite Party No.6 in Digitally Signed Signed by: MADHUSMITA SAHOO Designation: Senior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 28-Feb-2025 13:30:38 Signature Not Verified p. 2 respect of Sarisua Stone Quarry No.41 of Mouza-Sarisua, Kapilajhari, Bandhanata, locally known as ‘Sarisua Pathar Khani’ under Khata No.245, Plot No.95 in the district of Balasore vide lease deed dated 7th August, 2018. Since the Opposite Party No.6 was not financially affluent to operate the stone quarry, he executed an Irrevocable General Power of Attorney in favour of the Petitioner. The Petitioner investing a huge amount was operating the stone quarry with the knowledge of the Mining Officials. Pursuant to an order passed by the National Green Tribunal, Kolkata, the Tahasildar, Khaira vide its office Order No.55 dated 21st October, 2019 (Annexure-6) directed all the stone quarry lease holders to stop mining operation until further order. The said order of the National Green Tribunal, Kolkata was challenged before the Hon’ble Supreme Court and the order of the National Green Tribunal was set aside. Pursuant to the said order, the Mining Officer-Opposite Party No.5 executed a fresh lease deed in favour of Opposite Party No.6 on 15th February, 2024 in respect of the aforesaid stone quarry. The request of the Petitioner to execute the lease deed in its favour on the basis of the Irrevocable General Power of Attorney was not paid any heed. At present, the Opposite Party No.6 is unauthorizedly operating the aforesaid stone quarry ignoring the Power of Attorney executed by him in favour of the Digitally Signed Signed by: MADHUSMITA SAHOO Designation: Senior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 28-Feb-2025 13:30:38 Signature Not Verified p. 3 Petitioner. Hence, the Petitioner finding no other alternative has filed this writ petition seeking for the aforesaid relief. 4 Mr. Tripathy, learned Additional Government Advocate, on the other hand, vehemently objects to the submission made by learned counsel for the Petitioner and submits that there was no agreement subsisting between the Petitioner and the Mining Officer to operate the stone quarry. No lease in respect of the aforesaid stone quarry was ever executed in favour of the Petitioner at any point of time. Thus, question of executing fresh lease deed in favour of the Petitioner does not arise at all. Since the mining lease was stopped pursuant to the direction of National Green Tribunal and the said order was subsequently set aside by the Hon’ble Supreme Court, fresh lease deed was lawfully executed in favour of the Opposite Party No.6. Hence, the Petitioner does not have any say in the matter. He, therefore, prays for dismissal of the writ petition. 5. Considering the submissions made by learned counsel for the parties, this Court finds that no lease deed in respect of Sarisua Stone Quarry No.41 was ever executed in favour of the Petitioner. It was, indeed, executed in favour of Opposite Party No.6. By a bilateral arrangement between the Petitioner and Opposite Party No.6, the Petitioner stated to have been operating the lease before mining operation was stopped pursuant to the direction of the National Green Tribunal. Digitally Signed Signed by: MADHUSMITA SAHOO Designation: Senior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 28-Feb-2025 13:30:38 Signature Not Verified p. 4 When the order of the National Green Tribunal was set aside by the Hon’ble Supreme Court, fresh lease deed was rightly executed in favour of the Opposite Party No.6, who was the lease holder. Thus, we find no infirmity in the impugned action. 6. Hence, the writ petition being devoid of any merit stands dismissed. It is made clear that dismissal of the writ petition shall not preclude the Petitioner to work out its remedy, if any, in accordance with law. Urgent certified copy of this order be granted on proper application. (K.R. Mohapatra) Judge (S.K. Mishra) ms Judge Designation: Senior Stenographer