Research › Search › Judgment

High Court of Orissa · body

2026 DAILYLAW 2941 (ORI)

AKSHAYA KUMAR MOHANTY v. STATE OF ODISHA

WP(C)/9499/2026 · 2026-04-07

Harish Tandon Cj, Murahari Sri Raman

Writ Petition (Civil)body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No. 9499 of 2026 Akshaya Kumar Mohanty …. Petitioner Mr. Niranjan Lenka, Advocate Mr. H.K. Mohanta, Advocate -versus- State of Odisha and others …. Opposite Parties Mr. Sanjay Rath, Additional Government Advocate CORAM: HON’BLE THE CHIEF JUSTICE AND HON’BLE MR JUSTICE MURAHARI SRI RAMAN Order No. ORDER 07.04.2026 01. 1. The petitioner has sought for an exemption from paying the royalty, the additional charges, surface rent and dead rent in respect of a sand quarry leased out to the petitioner for the period from 2nd July, 2025 to 15th October, 2025 and from 3rd January, 2026 to 13th March, 2026. 2. According to the petitioner, by a letter dated 1st July, 2025 issued by the Mining Officer, Jagatsinghpur, the quarry operation was suspended for a period effective from 2nd July, 2025 to 15th October, 2025 in terms of the Sustainable Sand Mining Management Guidelines 2016 and Enforcement & Monitoring Guidelines for Sand Mining 2020. Subsequently, the order of suspension was lifted but again the transit pass for removing the sand from the said sairat sources could not be issued because of the reasons known to the Government. 3. The grievance is founded upon an assertion that once the petitioner is prevented from operating the quarry by an order of the authority, he cannot be saddled with the liability to make the payments under the aforementioned heads. It appears that the petitioner has approached the authority by making a grievance in this regard, which according to the petitioner remained pending causing a greater inconvenience. 4. After perusal of the representation/application made to the authorities annexed to this writ petition, we find that the same has not been worded with clarity, precision and explicitness though the pleadings made in the instant writ petition contain the requisite facts. If they are taken before the authority, it would warrant conscious decision thereupon. 5. Considering the nature of the grievance so raised by the petitioner, we grant liberty to the petitioner to make a comprehensive representation to the Competent Authority within a week from date. In the event such representation is filed within the time stipulated herein above, the Competent Authority is directed to consider the grievance of the petitioner and dispose of the same by recording proper reasons, if necessary, after giving an opportunity of hearing to the petitioner, in accordance with law within a period of four weeks. 6. With these observations, this writ petition is disposed of. (Harish Tandon) Chief Justice (M.S. Raman) Judge S. Behera Designation: Senior Stenographer