Orissa High Court
WP(C)/15466/2026 of BHABESH KUMAR GHOSH Vs STATE OF ODISHA on 19 May 2026
of 4 IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No. 15466 of 2026 Bhabesh Kumar Ghosh …. Petitioner Mr. Arnav Behera, Advocate -versus- State of Odisha and others …. Opposite Parties Ms. Biswabara Dash, Additional Standing Counsel CORAM: HON’BLE THE CHIEF JUSTICE AND
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No. 15466 of 2026
Bhabesh Kumar Ghosh
….
Petitioner
Mr. Arnav Behera, Advocate
-versus-
State of Odisha and others
….
Opposite Parties
Ms. Biswabara Dash, Additional Standing Counsel
CORAM:
HON’BLE THE CHIEF JUSTICE
AND
HON’BLE MR JUSTICE MURAHARI SRI RAMAN
Order No.
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ORDER
19.05.2026
01.
1. This matter is taken up through virtual mode.
2. The petitioner has filed the instant writ petition challenging the demand notice dated 12th January, 2026 (Annexure-5) issued by the Mining Officer, Kuruda in the district of Balasore.
3. At the very outset, it is pertinent to mention here that pursuant to a Notice Inviting Tender (NIT) issued by the Government of Odisha for grant of a quarry lease for sand in respect of Kadaryan Sand Source under Basta Tahasil, in the district of Balasore, the petitioner participated and was selected as the highest bidder. After making all requisite statutory payments and complying with other requirements, a lease deed dated 2nd December, 2020 was executed between the petitioner and the Tahasildar, Basta for a period of five years, i.e., from 2nd December, 2020 to 1st December, 2025.
4. Pursuant to a complaint made on 6th October, 2025 by the petitioner about the illegal sand mining by different squatters of the local village, the Mining Officer, Kuruda (opposite party No.4) issued a letter dated 28th October, 2025 to all the lessees of all operational sand sources of Basta Tahasil to refrain from transporting sand using roads constructed by the local people over the water channel.
5. Mr. Arnav Behera, learned counsel appearing on behalf of the petitioner submits that since no action was taken by the concerned authority against the persons, who were doing illegal mining activities, the petitioner, on 7th November, 2025, issued another letter to the Sub-Collector, Balasore with a request to take immediate action against illegal mining of sand in the area adjacent to the lease hold area of the petitioner. He further submits that upon expiry of the lease agreement on 1st December, 2025, the petitioner preferred an application before the Mining Officer (opposite party
No.4) for extension of his lease period, but the Mining Officer issued a demand notice bearing No.378/MM dated 12th January, 2026 imposing a penalty of Rs.93,17,039.04 p. on the petitioner for excess/illegal sand mining outside the quarry area.
6. Pursuant to the said impugned demand notice dated 12th January, 2026, the petitioner filed his reply denying all the allegations made against him that any excavation of sand was being conducted by him outside the quarry lease area, which was not considered by the Mining Officer.
7. Aggrieved by the same, the petitioner constrained to file an appeal under Rule 46(1) of the Odisha Minor Mineral Concession Rules, 2016 before the Deputy Director of Mines, Bhadrak Circle on 18th March, 2026, which is stated to be pending and no decision has yet been taken thereon.
8. Ms. Biswabara Dash, learned Additional Standing Counsel (ASC) appearing on behalf of the opposite parties-State submits that since the appeal filed by the petitioner is pending before the concerned authorities, the same may be directed to be considered within a stipulated period.
9. Considered the aforesaid submissions and contentions of the learned counsel for the respective parties. Since the appeal dated 18th March, 2026 has been pending before the Deputy Director of Mines, Bhadrak Circle (opposite party No.3), it is felt apposite to direct the opposite party No.3 to consider the grievance of the petitioner and dispose of said appeal within a period of three weeks from the date of communication of this order.
10. 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.
11. 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
S. Behera Digitally Signed Signed by: SUMANTA BEHERA Reason: Authentication Location: High Court of Orissa, Cuttack Date: 22-May-2026 14:30:35 Signature Not Verified