CUTTACK: The Orissa High Court has set aside an order of the tehsildar, Badasahi in Mayurbhanj district, cancelling a sand auction process, holding that the officer lacked jurisdiction under the amended mining rules.
A two-judge bench comprising Chief Justice Harish Tandon and Justice MS Raman, in its February 18 order, observed that recurring litigation was burdening the court due to orders passed by tehsildars despite a 2022 amendment shifting powers to the mining department.
“The spate of litigations are exploding the dockets of this court when the tehsildar of the respective jurisdictions are passing an order in relation to sand sairat sources after an amendment has been brought by virtue of a notification dated December 27, 2022 (the Odisha Minor Minerals (Second Amendment) Rules, 2022) redefining the term ‘authorised officer’ to mean the director of Mines and Geology or any officer duly authorised by the government in writing for the purpose,” the bench noted.
The court explained that the amendment to the Odisha Minor Mineral Concession Rules, 2016 took effect from December 28, 2022, the date of its publication in the official gazette, and transferred powers relating to quarry leases and sand sources to the mining department.
“The moment the amended Rules has taken away the jurisdiction from the tehsildar and vested it upon the mining officer, any order or a decision taken by the tehsildar is per se illegal and/or a nullity for want of jurisdiction and power, and therefore should not be allowed to occupy a space in the administrative field,” the judges said.
The case challenged the October 14, 2025 order of the tehsildar cancelling an auction initiated on March 15, 2022, citing delay and increased market value of sand. The court noted that although the auction began before the amendment, it had not been finalised when the new rules came into force.
Setting aside the impugned order, the bench directed the tehsildar to transfer all records to the mining department within two weeks.