Orissa High Court

CRLMP/1570/2022 of AMIYA PRASAD MISHRA Vs STATE OF ODISHA on 29 June 2026

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of 4 IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMP No.1570 of 2022 Amiya Prasad Mishra …. Petitioner None -versus- 1. State of Odisha, represented through Secretary, Home Department, Bhubaneswar 2. Inspector-in-charge, Kaliapani Police Station, Jajpur 3. Tahasildar, Sukinda, Dist. Jajpur

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMP No.1570 of 2022

Amiya Prasad Mishra

….

Petitioner

None

-versus-

1. State of Odisha, represented

through Secretary, Home

Department, Bhubaneswar

2. Inspector-in-charge, Kaliapani

Police Station, Jajpur

3. Tahasildar, Sukinda, Dist.

Jajpur

….

Opposite Parties

Mr. Ashok Kumar Apat,

Additional Government Advocate

CORAM:

THE HON’BLE MISS JUSTICE SAVITRI RATHO

Order No.

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ORDER

29.06.2026

12. (Through Hybrid Mode)

1. None appears for the Petitioner when the matter is called.

2. This CRLMP has been filed for release of the Petitioner’s vehicles bearing Registration No.OD-05-AQ-5621, OD-05-AQ- 6621 and OD-05-AS-1621.

3. On 28.08.2024 when the matter was listed, Mr. D Mohapatra, learned counsel for the Petitioner had submitted that the Petitioner’s grievance had already been addressed for which the matter may be disposed of granting liberty to the Petitioner for grant of compensation in the matter of claim. But the matter was adjourned in view of the observation of the Court on 05.04.2023 which is quoted below:

“4. An affidavit dated 04.04.2023 has been filed by the Additional Secretary to Government, Steel & Mines Department, Odisha, which indicates that series of steps have been taken to strengthen the enforcement mechanism for the theft of minor minerals including sand. However, the proposal for setting up dedicated Police Stations for the purpose of policing the theft of minor minerals including sand in respect of sensitive areas are in progress and will be done as expeditiously as possible.

5. In view of the above assurances given by learned Advocate General, let the matter be listed on 10th July, 2023".

4. Pursuant to the said order, affidavit dated 27.09.2024 of the Deputy Secretary in Steel & Mines Department has been filed where it is stated as follows:

“6. That a meeting was conducted on 23.11.2023 on enforcement activities in respect of minor minerals administration to discuss Enforcement activities to check illegal lifting and transporting of Minor Minerals. Special

Secretary to Government. Home Department. ADG (Headquarter), Odisha, Cuttack, ADG (Law & Order). Odisha, Cuttack, Director of Minor Minerals, Advisor (Mining). Special Secretary to Government, Steel & Mines Department, OSD-cum-Special Secretary to Government, Home Department, Additional Secretary to Government (MC-II & III Section), Steel & Mines Department, Additional Secretary to Government, Home Department and Joint Director (Admin), Directorate of Minor Minerals attended the meeting. Important points of the meeting are mentioned as follows:

a. Already dedicated Police forces has been stationed at respective District head quarter of Ganjam, Jharsuguda, Dhenkanal, Jagatsinghpur, Angul. DCP Cuttack, Balasore, Jajpur, Khurdha and Puri exclusively for enforcement of Minor Mineral for 10 sensitive Tahasils like Kaniha, Jaleswar, Barang. Hindol, Purusottampur, Ragunathpur. Dharmasala, Jharsuguda, Tangi, Pipili, it is learnt that OMC has already provided the vehicle. It was decided that Director, Minor Mineral will review the activity of the above force and report to be submitted to Home Dept., Steel and Mines dept. and DG Police.

b. Director, Minor Mineral will prepare a SOP for compounding of the offence for illegal lifting and transportation of Minor Mineral by Mining Officer and collection of Penalties in consistent with rule in a transparent way and submit for Govt. approval.

c. The i4MS software should be further strengthened and linked to the Vahan Portal for collection of Data on vehicles used for illegal lifting and transportation and capture data on theft of Minor Mineral and Enforcement activities.

d. All SPs should be directed by DG Police to designate one DSP at District Police Headquarter as single contact person for co- ordination of Minor Mineral enforcement activities, force deployment and other law and order issues in consultation with DDMs and MOs. The minutes of the meeting was circulated vide letter No- 11990 dated 29.11.2023. Copy of the minutes is attached as Annexure-3.

7. That a notification was issued vide this department notice No-12595 dated 16.12.2023 for Re-constitution of District Level Committee for effective development and regulations of minor minerals with new members, collector being the chairman of the committee. Copy of the notice is attached as Annexure-4.”

5. In view of the said affidavit, the CRLMP is disposed of hoping that the minutes of the meeting dated 23.11.2023 and the notification dated 16.12.2023 reconstituting the District Level Committee will be effective in administration and regulation of minor mineral sources in the District.

(Savitri Ratho)

Judge

RKS Digitally Signed Signed by: RANJAN KUMAR SETHI Reason: Authentication Location: ORISSA HIGH COURT, CUTTACK Date: 09-Jul-2026 20:52:37 Signature Not Verified

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