Orissa High Court
WP(C)/27596/2026 of ARUNI STONE CRUSHER PRIVATE LIMITED, JAJPUR Vs STATE OF ODISHA on 8 September 2026
of 4 IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.27596 of 2026 CNR No. ODHC010663452026 Aruni Stone Crusher Private Limited …. Petitioner Mr. Soumya Ranjan Mohanty, Advocate -versus- State of Odisha and others …. Opp. Parties Mr. Sanjay Rath, AGA CORAM: THE HON’BLE THE
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.27596 of 2026
CNR No. ODHC010663452026
Aruni Stone Crusher Private Limited ….
Petitioner
Mr. Soumya Ranjan Mohanty, Advocate
-versus-
State of Odisha and others
….
Opp. Parties
Mr. Sanjay Rath, AGA
CORAM:
THE HON’BLE THE CHIEF JUSTICE
AND
THE HON’BLE MR. JUSTICE MURAHARI SRI RAMAN
Order No.
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ORDER
08.09.2026
01.
1. 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 with the following prayer(s):- “In the light of the aforesaid facts and circumstances this Hon’ble Court may be graciously pleased to direct the Opp. Party no.3 to grant quarry permit in favour of the petitioner in terms of Rule 34 of Orissa Minor Mineral Concession Rules, 2016 promptly within a specified period. And be further pleased to pass any other order(s)/direction(s) as this Hon’ble Court thinks fit and proper; And for this act of kindness the petitioner as in duty bound shall ever pray.”
2. Learned Advocate for the petitioner submitted that the petitioner executed an agreement on 4th June, 2025 with the
East Coast Railways for supply of hard stone machine crust ballast of 50mm size at Raghunathpur depot and loading the same into the railway wagon for Khordha Work Division, which was completed on 4th September, 2026. Thereafter, a letter dated 9th June, 2026 (Annexure-2) was issued by the Senior Divisional Engineer, East Coast Railways addressed to the Mining Officer, Khordha for grant of permission for carrying Blackstone from Tapang stone quarry area for the work of supply of hard stone machine crushed ballast of 50mm size at Raghunathpur depot.
2.1. The petitioner submitted an application dated 26th June, 2026 (Annexure-3) in statutory Form-Q under Rule 34 of the Odisha Minor Mineral Concession Rules, 2016 before the Mining Officer, District Mining Office, Khordha for grant of stone quarry permit, pursuant to which, the authority concerned vide Letter dated 24th July, 2026 (Annexure-4) demanded for submission of requisite documents for processing the application for grant of quarry permit.
2.2. It is submitted that though the petitioner had submitted required documents (Annexure-5), till date no decision has been taken on the application/representation dated 26th June, 2026.
3. Opposing such contentions of the petitioner, Mr. Sanjay Rath, learned Additional Government Advocate vehemently contended that the writ petition is liable for dismissal in limine inasmuch as the Mining Officer, District Mining Office, Khordha vide Letter dated 24th July, 2026 asked the petitioner to submit requisite documents for the purpose of processing and consideration of application of quarry permit, which he has not furnished till date.
4. Heard Mr. Soumya Ranjan Mohanty, learned Advocate for the petitioner and Mr. Sanjay Rath, learned Additional Government Advocate appearing for the opposite parties.
5. Considered the submissions advanced by the counsel for the respective parties. As is manifest from the record that the application dated 26th June, 2026 has been pending consideration by the Mining Officer, District Mining Office, Khordha, for want of documents, the petitioner is at liberty to furnish the documents sought for by the said authority and apprise him that all the requirements as indicated in Letter dated 24.07.2026 has been complied with. It is, hence, felt apposite to direct the opposite party No.3, Mining Officer, Khordha, to consider the grievance of the petitioner and dispose of said representation/application for quarry permit (Annexure-
3) within a period of three weeks from date.
6. As an abundant caution, it is clarified that nothing stated above on facts be construed as an expression of any opinion of this Court on the merit of the matter. The appropriate authority is free to take independent decision on the merit of the matter on the basis of the material placed on record before him by the petitioner.
7. With the aforesaid observations and direction, the writ petition along with pending Interlocutory Application(s), if any, stand disposed of.
(Harish Tandon) Chief Justice
(M.S. Raman) Judge Laxmikant Digitally Signed Signed by: LAXMIKANT MOHAPATRA Designation: Senior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 10-Sep-2026 10:24:43 Signature Not Verified