4 28801 U-en ar 321 Loar adene geaa que, 19640 araigie 2071119944] (CONTINUATION oF ORDER SHEET) asta gfe ooN BewaIeA IT G awS ce ore eadigaica dear 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" A (CONTINUATION OF ORDER SHEET) ol wigea Grie aren YRIGITD BIG B GIO faiecasa cea 12421 & eicugaina Seat et i 2 3 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) oT eecaca eamagar— oer eachagarea Saat 1 z 3 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 ‘OGP (Forms) CTP—285—5, 00, 000—02-12-2013ae a aisea Gee aren Cis] ——— | 1 get] [oGa1 28608 gene gaa, 19640 crarsit 2071018 (CONTINUATION OF ORDER SHEET) ayant tisoa OE eee 2 * 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’ aR i _ 167A COIS aidugarra Gant | axcagann COSY 3 GP (Forms) CTP—289—5, 00, 000: 013[0641 zéicaa gene que, 19640 crarger 207111992" | (CONTINUATION OF ORDER SHEET) ‘eyeaIce Bea 6 aS facveca comege eaigecs Sean 2 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| oie 1 [0941 zdsae gona que, 19640 BIO 20711) 1 (CONTINUATION OF ORDER SHEET) ayRIATTA BET G aE 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