State Of Odisha And Others vs M/S Irel (India) Limited
2023 Latest Caselaw 15108 Ori

Orissa High Court

State Of Odisha And Others vs M/S Irel (India) Limited on 21 November, 2023

Bench: B.R. Sarangi, Murahari Sri Raman

                   IN THE HIGH COURT OF ORISSA AT CUTTACK
                             W.P.(C). No. 37019 of 2023
                                       And
                              I.A. No. 17894 of 2023

State of Odisha and others            .....                                 Petitioner
                                                              Mr. P.P. Mohanty, AGA
                                      Vs.
M/s IREL (INDIA) Limited,             .....                Opposite Parties
Ganjam and another
            CORAM:
                   ACTING CHIEF JUSTICE DR. B.R. SARANGI
                   MR. JUSTICE MURAHARI SRI RAMAN

                                             ORDER

21.11.2023 Order No. This matter is taken up by hybrid mode.

01.

2. Heard Mr. P.P. Mohanty, learned Addl. Government Advocate appearing for the State-Petitioners.

3. The State and its functionaries have filed this writ petition seeking to quash the order dated 27.07.2022 passed by the Revisional Authority under Annexure-1 setting aside the demand raised by the authority.

4. Mr. P.P. Mohanty, learned Addl. Government Advocate appearing for the State-Petitioners contended that pursuant to the notice issued by the authority on 08.09.2020, reply was filed by the opposite party and, thereafter, vide order dated 07.07.2020, for recovery of compensation under Section 21 (5) of MMDR Act, 1957 from non-iron/non-manganese leases in purview of the judgment dated 02.08.2017 of the apex Court in W.P.(C) No.114/2014 (Common Cause) the opposite party was called upon to show cause within a period of 15 days. In response to the same, reply was filed by the opposite party against the demand raised by the authority. Thereafter, the opposite party approached the Revisional Authority challenging the demand notice dated 08.09.2020 and in turn the Revisional Authority has set aside the demand raised by the authority

under Section 30 of the MMDR Act, 1957 and Rule 25 (4) of Atomic Mineral Concession Rules, 2016, vide impugned order dated 27.07.2022 under Annexure-1.

5. Issue notice to the opposite parties in the main case as well as in the interlocutory application.

6. Steps for service of notice on the opposite parties by speed post be taken within three days. Office shall send notice to the said opposite parties fixing an early returnable date.

(DR. B.R. SARANGI) ACTING CHIEF JUSTICE Ashok

(M.S. RAMAN) JUDGE

Signed by: ASHOK KUMAR JAGADEB MOHAPATRA Designation: Personal Assistant Reason: Authentication Location: HIGH COURT OF ORISSA Date: 21-Nov-2023 16:13:29