Orissa High Court
Orissa Manganese & vs State Of Odisha & Others .... Opposite ... on 13 January, 2025
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C). No.11798 of 2019
Orissa Manganese & .... Petitioner
Minerals Ltd.
Mr. S. K. Dash,
Advocate
-versus-
State of Odisha & others .... Opposite Parties
Mr. D. Lenka, AGA
CORAM: JUSTICE SANJAY KUMAR MISHRA
ORDER
13.01.2025
Order No.
21. This matter is taken up through hybrid mode.
2. The present Writ Petition has been preferred
challenging the order dated 21.06.2019/26.06.2019 passed
by the Collector, Sudargarh & Certificate Officer (Opposite
Party No.3) in Certificate Case No.07 of 2018 on the
grounds detailed in the Writ Petition.
3. Though a detailed Counter Affidavit has been filed by
the State-Opposite Party Nos.2 & 3, an Additional Affidavit
was filed by the Petitioner indicating therein that the
demand notices under Annexures-A/2 & B/2, which were
the basis to initiate Certificate Proceeding against the
Petitioner, were the subject matter of challenge in W.P.(C)
No.1497 of 2024 and batch and the said notices were set
aside by the Division Bench of this Court vide common
Judgment dated 01.10.2024.
4. In view of such Affidavit filed by the Petitioner,
learned Counsel for the State sought for an adjournment to
take instruction in the said regard .Ultimately, a
compliance Affidavit has been filed by the Deputy Director
of Mines, Koira on 09.01.2025. Paragraphs-2 to 4 of the
said Affidavit, being relevant, are reproduced below for
ready reference.
"2. That this deponent humbly submits that the
petitioner vide affidavit dated: 11.11.2024 stated
before this Hon'ble Court that the present writ
application along other three writ applications viz.
W.P(C) No.18431 of 2019. W.P (C) No.35855 of 2021,
W.P (C) No.35857 of 2021 are covered by common
judgment dt.1.10.2024 passed in W.P( C) No.1497,
2304 and 2307 of 2024 by the Division Bench of the
Hon'ble Court.
3. That this Hon'ble High Court of Orissa,
Cuttack vide common Judgement Dated 01.10.2024
has set aside the demands made by the Opp. Party
No.3 vide W.P. (C) No.1497, 2304 and 2307 of 2024
with a direction of is as follows:
"while setting aside the impugned letter
under which the demands have been
raised against the Petitioner Company
which are subject matter of all the Writ
Petitions, this Court directs the 0pp.
Parties to revise the demands by limiting it
to the period from 22.06.2018 onwards
and raise the same a fresh as against the
Petitioner Company in accordance with
Law so as to satisfactorily discharged"
4. That this deponent humbly submits that the
common judgment dt.1.10.2024 passed in
connection with demanded amount vide W.P(C)
No.1497 of 2024 & batch is fully covered, so
far, the present OPDR proceeding vide W.P (C)
No.11798 of 2019, 18431 of 2019, 35855 of
2021 and 35857 of 2021, pending for
adjudication."
(Emphasis supplied)
5. In view of such compliance Affidavit on record, the
order dated 21.06.2019/26.06.2019 passed by the Collector,
Sundargarh & Certificate Officer (Opposite Party No.3) is
hereby set aside. As a consequence thereof, the Certificate
Proceeding in Certificate Case No.07 of 2018 is also quashed.
6. Accordingly, the Writ Petition stands allowed and
disposed of.
7. Urgent certified copy of this order be granted on proper
application.
Prasant
(S. K. Mishra)
Judge
Signed by: PRASANT KUMAR PRADHAN
Designation: Secretary
Reason: Authentication
Location: High Court of Orissa, Cuttack.
Date: 15-Jan-2025 15:21:18
