Orissa High Court
Utkal Minerals Pvt. Ltd. Nitigotha vs State Of Odisha And Others ... Opposite ... on 16 October, 2025
Author: Murahari Sri Raman
Bench: Murahari Sri Raman
IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) No.28032 of 2025
Utkal Minerals Pvt. Ltd. Nitigotha ... Petitioner
Pyrophylite & Quartzite Mines
Mr.Budhadev Routray, Senior Advocate
along with Mr. Jagdish Biswal, Advocate
-Versus-
State of Odisha and others ... Opposite Parties
Mr. Saswat Das, Additional Government Advocate
CORAM:
THE HON'BLE THE CHIEF JUSTICE
AND
THE HON'BLE MR. JUSTICE MURAHARI SRI RAMAN
ORDER
Order No. 16.10.2025
01. 1. Mr. Budhadev Routray, learned Senior Advocate along with
Mr. Jagdish Biswal, learned counsel for the petitioner submitted that
in order to avail the benefit of license to operate the factory, it applied
for Mining Due Clearance Certificate (MDCC) on 14.07.2025.
However, the Authority has forwarded the concerned file for
submission of report regarding the outstanding position by the Audit.
He would submit that the outstanding demand relates prior to
inclusion of Pyrophyllite and Quartzite minerals. In view of judgment
of Hon'ble Supreme Court of India rendered in the case of Common
Cause v. Union of India and others, (2017) 9 SCC 499, the aforesaid
minerals cannot be brought into net of liability.
2. It is brought to the notice of this Court that against the
determination of liability vide demand notice dated 20.02.2019
received from Mining Officer, Keonjhar Circle, the petitioner filed an
appeal before the Joint Director of Mines, Heads of Departments
Building, Bhubaneswar on 13.03.2019.
3. Learned Senior Advocate for the petitioner submitted that
Director of Mines, Odisha on 28.09.2020 issued a Certificate
indicating "no mining dues is outstanding" against the petitioner and
the recovery of outstanding amount has been stayed as per Rule 22 (d)
of the Mineral Concession Rules, 1960. Therefore, he submitted that
the petitioner is entitled to be issued with MDCC in order to continue
with operation of its factory. It is submitted that the license to run the
factory shall lapse on 20th October, 2025.
4. Mr. Saswat Das, learned Additional Government Advocate
submitted that the Certificate dated 28.09.2020 issued by the Director
of Mines, Odisha reveals that said Certificate is valid for a period of
six months and no document is furnished by the petitioner to show
that the validity of such certificate has been extended. However, he
seeks an accommodation to obtain instruction with respect to stage of
pendency of appeal as stated to have been filed on 13.03.2019 before
the Joint Director of Mines.
5. List this matter tomorrow (17.10.2025).
(Harish Tandon)
Chief Justice
(M.S. Raman)
Judge
Aswini
Signature Not
Verified
Digitally Signed
Signed by: ASWINI KUMAR SETHY
Designation: Personal Assistant
(Secretary-in-Charge)
Reason: Authentication
Location: ORISSA HIGH COURT,
CUTTACK
Date: 17-Oct-2025 18:38:20
