CUTTACK: The Orissa High Court has struck down an order passed by a tehsildar in connection with a sand quarry lease, observing that revenue authorities have continued to exercise powers that were taken away from them under the amended mining rules, leading to a flood of avoidable litigation before the court.
Disposing of a writ petition, a division bench comprising Chief Justice Harish Tandon and Justice MS Raman set aside a July 17, 2023 order of the tehsildar, Vyasanagar, which had cancelled the lease of the Nayahatapatana Baitarani river sand quarry and forfeited the security deposit of the leaseholder.
The bench stated that the Odisha Minor Minerals (Second Amendment) Rules, 2022, which came into force on December 28, 2022, had redefined the term “authorised officer” and shifted powers relating to minor mineral administration from tehsildars to the mining department.
Expressing concern over repeated disputes arising from similar actions, the bench observed, “The spate of litigations are exploding the dockets of this court because Tahasildars continue to pass orders relating to sand sairat sources despite the legal changes brought through the amendment.”
The judges held that once the amended rules came into effect, the tehsildars were divested of all authority over mining matters, including quarry leases. The amendment, the court said, clearly envisaged transfer of powers and records to the mining department.
Observing that it had repeatedly interpreted the amendment in earlier cases, the court described it as “painstaking” that such illegality continued despite clear judicial pronouncements.
Allowing the petition, the bench directed the tehsildar, Vyasanagar, to transfer all relevant records to the mining department within two weeks, if not already done.
It further ordered the mining officer to independently reconsider the matter and pass a reasoned decision in accordance with law within four weeks of receiving the court’s order.