RAMESH CHANDRA MISHRA Vs. COLLECTOR-CUM-DISTRICT MAGISTRATE
LAWS(ORI)-2020-6-1
HIGH COURT OF ORISSA
Decided on June 02,2020

RAMESH CHANDRA MISHRA Appellant
VERSUS
COLLECTOR-CUM-DISTRICT MAGISTRATE Respondents

JUDGEMENT

- (1.) The petitioner-Ramesh Chandra Mishra, by means of this writ petition, has approached this Court assailing the order dated 23.04.2020 (Annexure-6) passed by the Collector, Puri (opposite party No.1).
(2.) According to Ms. S. Mohapatra, learned counsel for the petitioner, originally, an advertisement for lease of Morrum Sairat under OMMC (Amendment) Rules, 2014 was published by the Tahasildar,Delanga (opposite party No.3) on 13.02.2015 and royalty of Rs.28 per CM was fixed by the State authorities. All four Morrum Sairats were clubbed together in order to make cluster approach. The petitioner participated in bidding process. One Shri Dushmanta Kumar Lenka was the highest bidder but he was absent on the date of bidding i.e. on 04.04.2015. In fact, the highest bidder failed to deposit the bid amount within seven days. Even though the petitioner was the second highest bidder, the opposite parties-authorities, instead of inviting the petitioner for grant of lease as per the provisions of Section 26(7) of the OMMC Rules, 2004, cancelled the tender process and dicided to invite fresh bid. In such background, the petitioner approached this Court by filing W.P.(Civil) No.8859 of 2015.
(3.) This Court initially passed an interim order on 13.05.2015 directing the authorities not to again put the Sairat in auction. The said writ petition remained pending for almost four years and was finally decided by this Court vide order dated 26.11.2019 (Annexure-5) whereby the letter dated 06.05.2015 (Annexure-4) issued by the Collector, Puri was quashed and the matter was remanded back to him for deciding the same in accordance with law within four months from the date of receipt of certified copy of the order. In compliance with the said direction of this Court, the Collector, Puri has now passed the impugned order under Annexure-6.;


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