Madhab Dhada vs State Of Odisha And Others
2021 Latest Caselaw 8222 Ori

              IN THE HIGH COURT OF ORISSA AT CUTTACK

                            W.P.(C) No.22601 of 2021

            Madhab Dhada                            ....             Petitioner
                                                    Mr. N. Sahani, Advocate.


                                      -versus-
            State of Odisha and others              ....      Opposite Parties

                                                      Mr. P.K. Muduli, AGA

                      CORAM:
                      JUSTICE S.K. MISHRA
                      JUSTICE SAVITRI RATHO
                                        ORDER

06.08.2021 Order No.

2. 1. The matter is taken up through hybrid mode.

2. Heard Mr. N. Sahani, learned counsel for the petitioner and Mr. P.K. Muduli, learned Addl. Government Advocate.

3. In this writ application, the petitioner has prayed for issuance of a writ of mandamus directing the opposite parties to extend the lease period of Khanjamahal stone quarry no.76 for one year eight months and ten days, which corresponds to the period during which the stay order of the National Green Tribunal was in force. The petitioner has also prayed to direct the opposite party no.3 to issue operation order in favour of the petitioner for the entire period.

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4. Learned counsel for the petitioner submits that this is a cover matter and number of orders has been passed by this Court giving the aforesaid relief.

5. Mr. P.K. Muduli, learned Addl. Government Advocate submits that since at Annexure-4, the Tahasildar, Soro has rejected the claim of the petitioner, the writ petition has technical snag and prayer cannot be granted without a prayer for quashing Annexure-4. We are of the opinion that substantive relief or substantive question of law should outweigh any technical consideration. Procedural law is handmaid of substantive justice. We are not inclined to accept the submission made by Mr. P.K. Muduli, learned Addl. Government Advocate, rather we would like to follow the judgment or order passed by the Division Bench of this Court on 31.05.2021 in W.P.(C) No.36082 of 2020.

6. It is seen that the issue involved in the present case is covered by decision of this Court passed on 31.05.2021 in W.P.(C) No.36082/2020.

7. Accordingly, this Court directs the Opposite Parties to extend the tenure of the lease of Khanjamahal Stone Quarry No.46 by a period of one year, eight months and ten days, which corresponds the period during which the stay order of the NGT was in force. The appropriate orders implementing the above direction shall be issued by the Opposite Parties not later than

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six weeks from today subject to the petitioner complying with all the formalities.

8. The Writ Petition is disposed of.

9. Urgent certified copy of this order be granted as per rules.

(S.K. Mishra ) Judge

(Savitri Ratho ) Judge pcd