Debidutta Mohanty vs State Of Odisha And Others .... Opposite ...
2025 Latest Caselaw 2432 Ori

Orissa High Court

Debidutta Mohanty vs State Of Odisha And Others .... Opposite ... on 5 August, 2025

Author: Murahari Sri Raman

Bench: Murahari Sri Raman

                   IN THE HIGH COURT OF ORISSA AT CUTTACK

                                 W.P.(C) No. 18244 of 2024

             Debidutta Mohanty                        ....              Petitioner
                                         Mr. Gautam Misra, Senior Advocate
                                          Assisted by Mr. J.R. Deo, Advocate
                                        -versus-
             State of Odisha and others            ....        Opposite Parties
                      Mr. Debasish Tripathy, Additional Government Advocate


                                 CORAM:
                        HON'BLE THE CHIEF JUSTICE
                                   AND
                  HON'BLE MR JUSTICE MURAHARI SRI RAMAN

                                          ORDER

Order No.                                05.08.2025
  09.       1.      The pivotal issue involved in the instant writ petition is

whether the authorities can rely upon the Odisha Minor Mineral

Concession (Amendment) Rules, 2023 in rejecting the claim of the

petitioner which was crystallized on the basis of an order of the

Supreme Court dated 3rd March, 2023 passed in Civil Appeal

No.4939 of 2022, with retrospective effect.

2. An ancillary point has also emerged in course of the hearing

as to whether the State can take a different stand or can raise an

additional point or a point inconsistent with the point already taken

by the authorities at the time of hearing in view of the apex Court

judgment rendered in Mohinder Singh Gill v. The Chief Election

Commissioner, New Delhi, reported in AIR 1978 SC 851.

3. Mr. Debasish Tripathy, learned Additional Government

Advocate (AGA), appearing on behalf of the opposite parties-State

prays for an accommodation to ponder upon such issue.

4. As requested by learned AGA, let the matter be listed on 8 th

August, 2025.

(Harish Tandon) Chief Justice

(M.S. Raman) Judge

S. Behera

Designation: Senior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 06-Aug-2025 11:52:58