Orissa High Court
Jitendra Nath Patnaik vs Union Of India And Others .... Opp. ... on 20 May, 2025
Bench: S.K. Sahoo, M.S. Sahoo
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.14178 of 2025
Jitendra Nath Patnaik .... Petitioner
Mr. Umesh Ch. Patnaik,
Advocate
-versus-
Union of India and others .... Opp. Parties
Mr. P.K. Parhi, D.S.G.I.
Along with
Mr. Darpanarayan Pattanayak,
Senior Panel Counsel
And Mr. D. Gochhayat, C.G.C.
CORAM:
HON'BLE MR. JUSTICE S.K. SAHOO
HON'BLE MR. JUSTICE M.S. SAHOO
ORDER
Order No.
20.05.2025
01. This matter is taken up through Hybrid
arrangement (video conferencing/physical mode).
This writ petition has been filed by the petitioner
Jitendra Nath Patnaik with the following prayer:
"i)Allow this writ petition and pass an appropriate
writ/order/direction in the nature of mandamus or
any other appropriate writ to declare that proviso to
section 10A(2)(b) of the MMDR Act, 1957 as inserted
vide MMDR Amendment Act 2021 is illegal and/or
unconstitutional being ultra vires, and/or violative of
the Article 14 read with Article 19(1)(g) and other
provisions of the Constitution of India;
ii)Allow this writ petition and pass an appropriate
writ/order/direction in the nature of mandamus or
any other appropriate writ thereby declaring that
proviso to section 10A(2)(b) of the MMDR Act, 1957
as inserted vide MMDR Amendment Act 2021 does
not apply to the petitioner or may be read in a just,
fair and rational manner to allow grant of mining
lease deed in favor of the petitioner;
iii)Pass an appropriate writ/order/direction in the
nature of mandamus or any other appropriate Writ
thereby directing the opp. authorities to complete the
process of grant and execute of mining lease for Iron
and Manganese Ore in accordance with the provisions
of the MMDR Act, 1957 as it stood prior to the
coming into force of the MMDR Amendment Act,
2021.
iv)Pass an appropriate, order, direction or writ
including a writ in the nature of mandamus or any
other appropriate writ or orders or directions to opp.
authorities to expedite the process of granting the
mining lease for Iron and Manganese Ore over an
area of 52.00 Hectares in the Village-Kadakala,
District-Keonjhar, State of Odisha in favor of the
petitioner in accordance with the Mining Lease
Application dated 16.08.2005 as it stood prior to the
coming into force of the MMDR Amendment Act,
2021 and/or,
v) Pass an appropriate order/direction thereby
directing the State Government and the Central
Government to process the applications seeking
required statutory clearances, approvals,
permissions, etc. expeditiously and in a time-bound
manner;
vi) Pass an appropriate order/direction thereby
directing the opp. parties to maintain status quo and
not to create any third-party rights in the subject
area;
vii) Pass such order writ or writs and order or orders
which would afford complete relief to the petitioners".
Mr. Gouri Mohan Rath, learned counsel appearing
for the petitioner submitted that similar prayer was
made by Larsen and Toubro Ltd. before this Court in
W.P.(C) No. 4301 of 2021 against the Union of India
and it was decided on 2nd March 2023 holding therein
that the provisions contained in section 10A(2)(b) of
the Amendment Act, 2021 is intra vires and therefore,
the application of the petitioner (Larsen and Toubro
Ltd.) under section 10A(2)(b) for grant of mining lease
has lapsed by operation of law and the petitioner
(Larsen and Toubro Ltd.) is not entitled to get any
relief in the writ petition, consequently, the writ
petition was dismissed. The said decision is reported in
2023 SCC OnLine Ori 706.
It is further stated by Mr. Rath that challenging
the aforesaid order, Larsen and Toubro Ltd. moved the
Hon'ble Supreme Court of India in S.L.P. (Civil)
No.6163 of 2023, in which leave was granted on
28.11.2024 and the same is tagged with other
connected Special Leave Petitions and the same are
subjudice. In a similar matter filed by the State of
Karnataka in S.L.P. (Civil) No.15692 of 2022 along with
connected S.L.P. (Civil) No.6163 of 2023, the Hon'ble
Supreme Court vide order dated 15.05.2023 granted
interim order and directed that if any lease is granted
or any agreement is executed, the same shall be
subject to final outcome of the petition. The copies of
the orders passed by the Hon'ble Supreme Court along
with the judgment passed by this Court in W.P.(C)
no.4301 of 2021 are taken on record.
Though, in the interim application vide I.A.
No.8436 of 2025, prayer has been made for a direction
to the opp. parties not to put the mining area in public
auction pending adjudication of the writ petition, but
since interim order has already been passed by the
Hon'ble Supreme Court vide order dated 15.05.2023,
we do not feel any necessity to pass any interim order.
List this matter in the week commencing from
07.07.2025.
( S.K. Sahoo)
Vacation Judge
Reason: Authentication (M. S. Sahoo)
Location: HIGH COURT OF ORISSA, CUTTACK Vacation Judge
Date: 20-May-2025 17:16:57
PKSahoo/Rajesh
