4 28801 U-en ar 321
Loar adene geaa que, 19640 araigie 2071119944]
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1 2 3
0: 10-2023
[The case is taken-up today for Hearing and orders.
Perused the orders passed by the Hon'ble High Court in
|W-P. (C) No. 30787 of 2023 alongwith the orders of
[Supreme Court of India passed in the Civil Appeal No.
[4939 of 2022 where in, the Hon'ble High Court of Orissa
has disposed the writ petition with a direction to the opp.
party no. 4 ie Tahasildar, Sadar, Cuttack to consider|
the representation filed by the petitioner vide Annexure
and pass appropriate order in accordance with law.
|The order of the Hon'ble High Court is quoted below
* this court, without expressing any opinion on the
imerits of the case, disposes of the Writ Petition
‘directing Opposite Party No. 4 to consider the
epresentation filed by the petitioner vide Annexure-
5, and pass appropriate order in accordance with
law within a period of three months from the date of
Production of certified copy of this order.”
Accordingly, the writ petitioner was intimated to remain
Present for hearing on Dated 16.10.2023. The Writ
Petitioner Sri Debidutta Mohanty So Late Puma
Chandra Mohanty Vill Chandura, PO/PS/Dist-
Jagatsinghpur in W.P. (C) No, 30787 of 2023 was
Present through
is authorized representative namely
Sti Soubhagya Mohapatra on Dated 16.10.2023. The
Copy of the authorization letter is enclosed which forms
the part of the case record, Heard the prayer of the
Petitioner in length and also gone through the
representation filed by the petitioner vide Annexure -5 in
the Writ Petition fled before the Hon'ble High Court
GP (Forms) CTP—-289—5, 00, 000—02-12-2013" [ober 2860 geae que, 1964a o1orgt 207111980"
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In the said representation, the petitioner has prayed for
jexecution of the lease deed with respect to Kathajodi
River Sand Subhadrapur Sairat Source as per the
(order passed by the Hon'ble Supreme Court of India in
[connection with Civil Appeal No. 4939 of 2022 with
reference to the Tender Call Notice No. 227 Dt.
08.01.2018.
'tis pertinent to mention here that, the auction was
made with respect to kathajodi River Sand
|Subhadrapur Sairat Source on Dated 09.02.2018. In
he auction process Smt. Sukanti Sahoo Wio Nirmal
(Sahoo, Bidyadharpur, Nuabazar, Cuttack was.
Selected as the successful bidder. But, Smt Sahoo
iailed to deposit the all requisite amount before
[Sxecution of the lease deed with respect to kathajodi
River Sand Subhadrapur Sairat Source. Hence, the
bis in favour of Smt. Sahoo in respect of the said
S2irat source was cancelled by the Collector, Cuttack
on Dated 04.05.2019 & Sxi Ranjan Kumar Patinaik
(the next eligible Bidder) was intimated vide this office
letter no. 2525 Dated 08.05.2019 to convey his
acceptance regarding execution of the lease deed with
fespect to kathajodi River Sand Subhadrapur Saizat
Source at the rate quoted by Smt. Sahoo
as the 1
Highest bidder. Accordingly,
Sri Pattnaik submitted his
eeeptance and deposited all requisite amount before
the execution of the lease deed. Lease deed with
fespect to Kathajodi River Sand Subhadrapur Sairat
Source was executed in favour of Sti Ranjan Kumar
Pz
attnaik on Dated 01.01.2020,
00, 000—O7-12-2013[86a aéicaei gena qae, 19649 avaiget 207111994]
{ConTINUATION OF ORDER SHEET)
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On Dated 27.01.2021, One Sri Debidutta Mohanty’
another bidder in respect of the Kathajodi R/S
Subhadrapur Sairat source filed a WP(C) bearing No.
3326 of 2021 before Hon'ble High Court. In his prayer,
he stated that solvency certificate submitted by Sri
Ranjan Kumar Pattnaik during the auction process of|
the said saiart source is a forged one.
Accordingly, the Hon'ble High Court passed an order
with a direction to the Collector, Cuttack to make
hearing of the allegation petition submitted by Sri
Mohanty & submit compliance report to the Hon'ble
High Court. The Collector, Cuttack after made a
hearing, passed an order on Dated 24.03.2021. The|
order of the Hon'ble High Court is quoted below for
better appreciation
“ the lease of sairat sand source of Subhadrapur
Mouza- in Kathajodi river in favour of Sri Ranjan
Kumar Pattanik stands cancelled . The Tahasidar|
Sadar, Cuttack should stop lifting of sand from the
said Sairat by Sri Ranjan Kumar Pattanaik with
immediate effect and the amount deposited by Sri
Pattnaik in this regard should be forfeited.”
Further, Sri Ranjan Kumar Patnaik filed a WP(C)
before the Hon'ble High Court bearing no. 16437 of
2021 challenging the order passed by the Collector,
Cuttack on Dated 24.03.2021. Hon'ble High Court
disposed the WP(C) No. 16437 of 2021 with the
following direction. The orders of the Hon'ble High
Court is quoted below
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* the Court sets aside the impugned order dated
24.03.2021 of the Collector, Cuttack and as a result,
the lease in favour of the present petitioner stands
revived”.
Subsequently, Sri Debidutta Mohanty the present
petitioner filed a Civil Appeal bearing no. 4939 of 2022
before the Hon'ble Supreme Court of India challenging
the order passed by the Hon'ble High Court in WP(C)
No. 16437 of 2021
The Hon'ble Supreme Court of India vide their order|
dated 03.03.2023 has observed that
“the High Court has committed a very serious error|
in quashing and setting aside the order dated|
24.03.2021 passed by the Collector, Cuttack|
cancelling the lease deed which was in favour of|
the respondent no. 1. Consequently, the impugned
Judgment and order passed by the High Court
deserves to be quashed and set aside and is
accordingly quashed and set aside. The order|
passed by the Collector, Cuttack dated 24.03.2024
cancelling the lease deed which was in favour of|
respondent no. 1 is hereby restored. On the
impugned judgment and order being set aside the
fresh lease deed in favour of rospondent no. 4 also
deserves to be set aside and is accordingly sot
aside.”
In view ofthe orders of Hon'ble Supreme Court of indi,
at present Sri Ranjan Kumar Patnaik is not the biddey
of the Sand Sairat Source “Kathajodi River Sang
‘Subhadrapur’
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GP (Forms) CTP—289—5, 00, 000: 013[0641 zéicaa gene que, 19640 crarger 207111992" |
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Further, the documents submitted by Sri Ranjan Kumar
Patinalk is declared invalid and forged one. So, Sti
Pattnaik’s bid is not being considered for the purpose.
Further, as per the kind orders of the Hon'ble Supreme|
Court of India in SLP (C) No 4939 of 2022 and order
dated 24.03.2021 of the leaned Collector, Cuttack,
being the Controling authority under the OMMC Rules!
2016 the lease of sand sairat source Subhadrapur in
Kathajodi river under Mouza- Subhadrapur granted in
favour of Sri Ranjan Kumar Pattanik has been
cancelled & the security amount deposited is also!
forfeited as a whole or part. The same has also been|
intimated to erstwhile lessee Sri Ranjan Kumar Pattnaik
vide this office letter no, 1455 Dt. 06.03.2023. The copy’
Of the letter is enclosed which forms the part of the case
record. In view of the above, Sri Debidutta Mohanty is|
the H2 bidder of the above noted sand sairat source
namely “Kathajodi River Sand Subhadrapur Sairat
source’
Since, we have not executed the agreement with Sri
Debidutta Mohanty, who is now become H2 bidder after
the verdict of the Hon'ble Supreme Court of india,
approached the Hon'ble High Court of Orissa and
Present order has been passed in WP(C) No. 30787 of
2023 as per the Writ Petition of Sri Det
jutta Mohanty,
So, it is found that the sole prayer of Sri Debidutta
Mohanty is to execute the lease deed with respect to!
Kathajodi River Sand Subhadrapur Sairat Source at the
rate per cum quoted by the H1 bidder.
GP (Forms) CrP—289—5, 00, 000—02-12-2013|
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[0941 zdsae gona que, 19640 BIO 20711) 1
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0-10-2093
In the meantime the sand sairat sources have been
transferred to Govt. in Steel & Mines Department,
COdisha, as per letter no. 18325/R&DM Did. 29.04.2023
and letter no. 4448/S&M Did. 02.05.2023 of Govt. in
Revenue & Disaster Management Department, Odishal
and Govt. in Steel & Mines Department, Odisha,
respectively. The Mining Officer has been declared as|
the Competent Authority and the Deputy Director of]
Mines has been deciared as the Controlling Authority
Under the provisions of OMMC Rules, 2016.
In view of the above facts and circumstances, the
case record alongwith the representation of Sri
Debidutta Mohanty, the petitioner in WP(C) No. 30787
of 2023 of Hon'ble High Court and Civil Appeal No.
4939 of 2022 of Supreme Court of India may be|
transferred to the Mining Officer, Cuttack for issue of|
Form-F observing the required formalities of OMMC|
Rule,2016 and subsequent modification thereof as well
as execution of the lease deed in favour of Sri Mohanty|
‘as H2 bidder with respect to Kathajodi River Sand
‘Subhadrapur sairat souce.
The case record is submitted to the Sub-Collector,
Sadar, Cuttack for onward transmission of the same to
the Collector, Cuttack for appropriate orders,
‘Typed to my dictation and
corrected by me
‘L
Mt
Tahasildar) oe Tahasildar,
GP (Forms) CTP—289—5, 00, 000—02-12-2013
Cuttack Cuttack