CUTTACK: The Orissa High Court has come down heavily on the functioning of government authorities, observing that bureaucratic inaction cannot leave citizens grappling indefinitely for decisions on legitimate claims.
Directing refund of the earnest money deposit (EMD) to a sand quarry lessee in Mayurbhanj district, the court said, “Authorities cannot sleep in a slumber for all time to come after receiving an application seeking surrender of a lease.”
A division bench comprising Chief Justice Harish Tandon and Justice MS Raman passed the order, while disposing of a petition filed by a lessee of a sand sairat on the Subarnarekha river under Saraskana tehsil.
The petitioner had sought to surrender the lease in 2023 and claimed refund of the EMD after expressing unwillingness to continue operations. Expressing concern over administrative delays, the court said, “The authorities are showing dormant attitude in responding to such queries and keeping the fate of an application in lurch.”
It further observed that there was nothing in the official correspondence to indicate any outstanding dues that could justify withholding a decision on the surrender request.
The bench directed the authorities to refund the EMD after adjusting any dues outstanding as on the date of surrender of the application. It also ordered payment of six per cent annual interest from one month after submission of the application until actual payment. The entire exercise has been directed to be completed within two months from communication of the order.
The bench noted that although officials had sought supporting documents and the petitioner’s personal appearance within a week of receiving the application, the lessee had furnished all the required documents but could not appear personally due to medical advice requiring complete rest.
Questioning the insistence on physical appearance, the judges observed, “If the documents which are requisitioned can sufficiently put in rest the prayer so made, an unwilling person should not be permitted to continue, as the Government Exchequer is benefited by an operation of a sand sairat.”