M/S. Rashmi Metaliks Ltd. And vs State Of Odisha And Others
2021 Latest Caselaw 4449 Ori

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                  IN THE HIGH COURT OF ORISSA AT CUTTACK

                                W.P.(C) No.12129 of 2021




            M/s. Rashmi Metaliks Ltd. and          ....           Petitioners
            another
                                         Mr. Pinaki Misra, Senior Advocate
                                   assisted by Mr. A.R. Mohanty, Advocate
                                       -versus-

            State of Odisha and others                 ....     Opposite Parties
                                                              Mr. P.K. Muduli,
                                               Additional Government Advocate

                      CORAM:
                      THE CHIEF JUSTICE
                      JUSTICE B. P. ROUTRAY


                                       ORDER

Order No. 31.03.2021

02. 1. The present petition by M/s. Rashmi Cement Limited and its Director, i.e. Petitioner Nos.1 and 2, seeks the quashing of the show cause notice dated 25th January, 2021 issued by the Joint Director of Mines, Odisha (Opposite Party No.3) seeking to rescind the P-2 license issued to the Petitioner No.1 and the order dated 12th February, 2021 passed by the Director of Mines, Odisha, Bhubaneswar (Opposite Party No.2) whereby a direction was issued not to allow the transit permits "to all entities of the Rashmi Group, known by whatever name, who procure minerals from Odisha through Trade License" till such time, all inquiries against the group are concluded and it is established there is wrong-doing by any of the entities of the Group companies."

2. Against, an identical direction issued in respect of one of the group entities i.e. M/s. Orissa Metaliks Private Ltd. this Court passed a judgment on 8th March 2021, in W.P.(C) No.8228 of 2021 after hearing both parties and quashed the said direction subject to the Petitioner No.1 in that case by filing an affidavit on or before 10th March 2021, confirming that it has rectified the discrepancies pointed out by the Opposite Parties and undertaking not to repeat such mistakes in future.

3. Mr. Muduli, learned Additional Government Advocate does not dispute that the present case stands on an identical footing as the case of M/s. Orissa Metaliks Private Ltd. and that the present petition stands governed by the judgment passed by this Court on 8th March, 2021.

4. Consequently, in light of the judgment passed by this Court on 8th March 2021, in W.P.(C) No.8228 of 2021, the impugned show cause notice dated 25th January, 2021 and order dated 12th February, 2021 are quashed subject to Petitioner No.1 filing, not later than 12th April, 2021 an affidavit with Opposite Party No.3 confirming that it has rectified the defects pointed out and undertaking not to repeat such mistakes in future.

5. The writ petition is disposed of in the above terms.

(Dr. S. Muralidhar) Chief Justice

(B.P. Routray) Judge M. Panda