Orissa High Court
Jugal Kishore Mishra vs State Of Odihsa & Others on 11 May, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.13692 of 2023
Jugal Kishore Mishra .... Petitioner
Mr.Subir Pali, Senior Advocate
Mr.Pratik Dash, Advocate.
-versus-
State of Odihsa & others .... Opp. Parties
Mr. G.R.Mohapatra,
ASC
CORAM:
DR. JUSTICE S.K. PANIGRAHI
ORDER
Order No. 11.05.2023
02 1. This matter is taken up through Hybrid Arrangement.
2. Heard learned counsel for the petitioner and learned
counsel for the State.
3. Learned counsel for the petitioner submits that the
learned National Green Tribunal Eastern Zone Bench,
Kolkata in O.A. No.83/2022/EZ ( I.A. No.189/2022/EZ) has
passed the order dated 18.04.2023 directing the opposite
parties to initiate criminal proceeding against the officers
including the petitioner based on the affidavit of the
Collector & District Magistrate (opposite party No.6). He
further submits that such order has been passed against the
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petitioner without giving him opportunity of hearing and to
explain his stands.
4. The allegation against the petitioner is that during his
incumbency as Tahasildar in Ranapur Tahasil some
excessive laterite quarrying has taken place over an area of
144.99 acres in Khata No.495 , Plot No. 1689 which is shown
as 'Kisam Patita' reserved for 'Gramya Jungle' in
Mayurjhallia-Mouza, Ranpur Tahasil, District Nayagarh
where the opposite party Nos. 17 and 18 are mining the plot
in question by felling trees and clearing the forest area
without obtaining any approval i.e. required under Section 2
of the Forest (Conservation) Act, 1980. It was stated before
the learned Tribunal that the morrum quarrying was carried
on the aforementioned plot on a permit of extraction of
morrum issued by the Tahasildar Ranapur in favour of the
Respondent No.18 dated 01.11.2021. However, the said
permission was granted without any forest Clearance or
Consent to Operate. The learned N.G.T. has passed the
judgment on 18th of April, 2023 wherein it indicts the present
petitioner vide paragraph 50 of which is extracted
hereunder.
"50. The State Respondents shall also initiate
criminal proceedings against the then
Tahasildars Sri Jagal Kishore Mishra, OAS
(retd.), Sri Sanjaya Kumar Samantaray, OAS and
the then Additional Tahasildar in-Charge ,
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Tahsildar Sri Ashok Kumar Pattnaik, ORS,
concerned Revenue Inspector, Revenue
Supervisor and Dealing Assistant/Section Officer
(as disclosed in the affidavit of the Collector &
District Magistrate, Nayagrh), for unilaterally
taken the decision for auction of the quarry
ignoring the Sabik Record of Rights and fudging
the records and concealing the correct records
from the authorities and causing financial benefit
to the Respondent Nos. 17 & 18 and also causing
loss of valuable State resources and thereby
causing huge loss to the Public Exchequer, as per
Section 51 of the OMMC Rules, 2016, by lodging
FIRs within a period of two weeks.
5. Learned counsel for the petitioner further submits
that the learned N.G.T has indicted him without giving him
the opportunity of hearing. He did not get the chance to put
forth his position.
6. In such view of the matter, let notice be issued to the
opposite parties.
7. Nine spare copies of the writ petition be served on the
learned counsel for the State as he appears on behalf of the
opposite party Nos. 1, 2, 3, 5, 6, 7, 8, 9 and 10 to take
instructions in the matter. Another copy of the petitioner
also be served on the learned Deputy Solicitor General of
India appearing for Union of India to take instructions in the
matter.
8. Further issue notice to the opposite party Nos. 11 to
18 by Regd. Post/Speed post with A.D.. Requisites shall be
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filed within three working days.
9. List this matter on 22nd of June, 2023.
I.A.No. 6325 of 2023
10. As an interim measure, the operation of Paragraph 50
of the order dated 18.04.2023 with respect to the present
petitioner shall remain stayed till the next date.
Digitally signed
LINGARA by LINGARAJ
BEHERA (Dr. S.K. Panigrahi)
J BEHERA 2023.05.13
Date:
15:06:30 +05'30'
Judge
LB
