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Orissa High Court
Prasanta Kumar Jena vs State Of Odisha And Others .... Opposite ... on 7 April, 2026
Author: Murahari Sri Raman
Bench: Murahari Sri Raman
IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) No.4615 of 2026
Prasanta Kumar Jena .... Petitioner
Mr. Millan Kanungo, Senior Advocate
assisted by Mr. Soumya Ranjan Mohanty, Advocate
-versus-
State of Odisha and others .... Opposite Parties
Mr. Sanjib Swain, AGA
CORAM:
THE HON'BLE THE CHIEF JUSTICE
AND
THE HON'BLE MR. JUSTICE MURAHARI SRI RAMAN
ORDER
Order No. 07.04.2026
02. 1. Challenging the order of the Mining Officer (I/C), Jajpur
indicating premature closure of Dankari BSQ No.9/8
("subject-mining", for short) under Rule 3(3) of the Odisha
Minor Minerals Concession Rules, 2016 (for short, "the
OMMC Rules") vide Letter No.7751/MM, Jajpur, dated
20th December, 2025 (Annexure-8), the petitioner has
approached this Court by way of filing this writ petition
invoking provisions under Articles 226 and 227 of the
Constitution of India.
2. The petitioner emerged as successful bidder in the auction
conducted in terms of the OMMC Rules in respect of said
subject-mining measuring an area of Ac.12.00 decimal for a
period of five years as intimated under Form-F. Though the
petitioner deposited an amount of Rs.35,92,300/- in compliance
of the instructions contained in the Letter No.4246, dated 26th
October, 2017 issued by the Tahasildar, Dharmasala, lease
could not be executed in his favour for want of Environmental
Clearance and mining plan.
2.1. A non-participant approached this Court by way of filing a
writ petition being WP(C) No.20546 of 2017 (Rajat
Mohapatra Vrs. State of Odisha and others) without
impleading the petitioner as party. This Court vide order
dated 22nd July, 2017 passed interim orders, but the said
case came to be disposed of vide order dated 19th May,
2022 for want of instructions. After disposal of the said
writ petition, process had been activated for obtaining
Environmental Clearance, which was accorded to the
petitioner vide Letter dated 24th November, 2022 for
quarrying activities at Dankari Black Stone Quarry No.9/8
(Cluster Serial No.5C/04). Thereafter, the petitioner applied
for "Consent to Establish" and "Consent to Operate" to the
State Pollution Control Board, Odisha, which were granted
by the competent authority on 12th December, 2022 and
17th December, 2022 respectively.
2.2. While the matter stood thus, a letter bearing No.5707, dated
31st December, 2022 was issued by the Tahasildar,
Dharmasala (Annexure-7) to the petitioner, whereby and
whereunder the "tender knocked" in favour of the
petitioner stood "cancelled" and "the security money
deposited is forfeited".
2.3. The petitioner on 20th December, 2025 received letter
issued by the Mining Officer (I/C), Jajpur, which was under
challenged in the instant writ petition.
3. On the earlier occasion when the matter was taken up, on
the prayer of the learned Additional Government Advocate
to obtain instructions, this matter was adjourned and,
accordingly the matter is placed today.
4. Learned Additional Government Advocate appearing for
the State-opposite parties submitted on receipt of written
instruction that the notice under Annexure-8 was issued
inviting written submission and personal hearing.
Furnishing copy of the instruction so received from the
authority concerned in the Court today, he submitted that
the hearing commenced with the introduction by the
Deputy Director of Mines, Jajpur Circle, Jajpur regarding
the Indian Strategic Petroleum Reserves Limited (ISPRL)
for enhancing the strategic storage capacity of the
petroleum products. Therefore, it was decided to cancel the
tender in toto.
5. Perusal of the said written instructions, it is manifest that
the lease in respect of Dankari BSQ No.17 in favour of
Prasant Kumar Jena (petitioner) has been closed due to
ISPRL's SPR Project. Such project is proposed for larger
interest of the public. The representative on behalf of lessee
requested for alternative quarry for the said purpose in the
national interest. It is also revealed therefrom that closure
of the said subject-quarry, being allocated for SPR projects,
the land would be handed over to the Revenue and Disaster
Management Department. However, the Mining Officer
(I/C), Jajpur District assured for submission of the request
made by the petitioner to the appropriate Department of the
Government for consideration.
6. Faced with such situation, and taking into consideration the
submissions advanced by the counsel for the parties, it is
apposite to direct that the petitioner may approach the
competent authority within a period of seven days hence
with a comprehensive proposal/representation and the
competent authority may take appropriate decision keeping
in view the request made by the Mining Officer (I/C),
Jajpur District within a period of four weeks from the date
of receipt of such representation along with copy of this
order.
7. With the aforesaid observation and direction, the writ
petition stands disposed of; and pending Interlocutory
Application (s), if any, shall also disposed of.
(Harish Tandon)
Chief Justice
Signed by: LAXMIKANT MOHAPATRA (M.S. Raman)
Designation: SENIOR STENOGRAPHER
Reason: Authentication Judge
Location: High Court of Orissa, Cuttack
Date: 08-Apr-2026 11:42:06 MRS/Laxmikant
