[Cites 3, Cited by 0]
Orissa High Court
Jayanta Kumar Rout And Others vs State Of Odisha And Others ... Opposite ... on 3 February, 2026
Author: Murahari Sri Raman
Bench: Murahari Sri Raman
IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) No.31 of 2026
Jayanta Kumar Rout and others ... Petitioners
Mr. Lalatendu Samantaray, Advocate
-Versus-
State of Odisha and others ... Opposite Parties
Mr. Sanjay Rath,
Additional Government Advocate
CORAM:
THE HON'BLE THE CHIEF JUSTICE
AND
THE HON'BLE MR. JUSTICE MURAHARI SRI RAMAN
ORDER
Order No. 03.02.2026
01. 1. Despite the Supreme Court showed deep concern over the
mining scandal of enormous proportions involving megabucks across
three districts in the State of Odisha, namely, Keonjhar, Sundargarh
and Mayurbhanj, in a Public Interest Litigation filed by Common
Cause, yet the reality is a far cry.
2. The said Public Interest Litigation under Article 32 of the
Constitution of India was filed by the said Common Cause and
taking the serious and alarming revelation of the fact, the Apex Court
passed several directions upon the Government with the primary
object to curb the menace of illegal mining across the State. The
judgment of the Apex Court is rendered in Common Cause vs. Union
of India and others; (2017) 9 SCC 499, yet the instant Public Interest
Litigation flags the identical issues of illegal mining in two districts
including Mayurbhanj.
3. The petitioners submit that not only indiscriminate blasting
is done at the mining site by those mining mafias but the
complacency on the part of the administration is also patent that no
action or steps have been taken against those mafias. Apart from the
Mayurbhanj district, which was one of the concerns in the Public
Interest Litigation filed before the Supreme Court as aforesaid, such
illegal mining is also continuing and rampant across the district of
Balasore.
4. It is highlighted that unless such mafias have some
patronage, the mining activities may not be possible and, therefore,
the functionaries of the State should be reminded of their solemn
duty to take stern steps in not only stopping the illegal mining
activities in those districts but also to put those mafias under the
clutches of stringent laws. According to the petitioners, there is no
monitoring and/or surveillance mechanism adopted by the
administration, which led those illegal mining activities to continue
seamlessly and, therefore, it is high time that the Government or its
instrumentalities must be reminded of its solemn duty.
5. It admits of no ambiguity that the minerals are the natural
resources and assets of the Government to be utilized in a
responsible manner so as to provide all the sustainable supports to
the citizen of the country.
6. So far as the Mayurbhanj district is concerned, it is
dominantly occupied by the tribal areas, as noticed in the judgment
rendered by the Supreme Court in Common Cause (supra) and we
have no hesitation in understanding the demography of the Balasore
being adjacent district may also have the same population. The steps
and the remedial measure as suggested/directed by the Apex Court
has not been put with full rigour and force; had it been so, rampant
illegal mining in the district of Mayurbhanj would not have been
possible.
7. The instruction is handed over to the Court by the
Additional Government Advocate, which is concentrated on the steps
taken in relation to illegal mining activities in the district of
Mayurbhanj, but there is a complete conscious silence in relation to
the other district, namely, Balasore. We do not intend to segregate
and compartmentalize the mining activities on a district-wise basis as
the illegality itself invites not only introspection but the action to be
taken by the administration.
8. The counsel for the petitioners vociferously submits that
the petitioners have been noticing, since preceding months, the
movement of the vehicles carrying such stones/minerals in the
village and the sound of blasting is also frequently heard by them.
9. It is alarming to note from the instruction that despite the
communication is made by the Mining Officer, Mayurbhanj to the
Mining Officer, Balasore on 23.09.2025 that some mafias of the
Balasore district are mostly doing the illegal excavation and one of
the excavators owned by a person named, Radheshyam crusher
(Sarisua, Guapal) was caught but a plea was taken that they are the
auction holder of the stone quarry from Balasore area but actually
they excavate stone using heavy machines from Mayurbhanj area.
The request was made to take several steps by making frequent raids,
demarcation of the district boundaries and activation of the
provisions contained in the criminal law, yet no fruitful result is
found.
10. We are not unmindful of the fact that the State must be
given an opportunity to disclose the facts and the steps having taken,
but as an interim measure, we feel that each day of permitting such
illegal mining to continue causes a loss to the national assets.
11. We, therefore, direct the Superintendent of Police of
Balasore and Mayurbhanj districts to depute adequate numbers of the
police personnel across the mining situated in the said districts and in
the event any mining activities are seen, immediate steps should be
taken upon verification of the relevant documents granted by the
Competent Authority in this regard.
12. The RTO is also directed to constitute a team of adequate
personnel to intercept each vehicle passing through the road in the
State of Odisha, carrying the minerals/ores and in the event the
requisite documents as required under the Mines and Minerals
(Development and Regulation) Act, 1957 and the Rules framed
thereunder are not found or being carried, immediate seizure should
be ensured and the persons should also be taken into the rigours of
law.
13. Let the affidavit be filed by the State within three weeks from
date.
14. List this matter on 10th March, 2026.
(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: 04-Feb-2026 17:56:44
