- (1.) Tahasildar, Bhubaneswar-opposite party no.3 issued a public notice on 14.02.2013 inviting tender for lease of Sand Sairat Quarry of Kuakhai river at Pandra by way of public auction for the financial year 2013-14. In response to same, the petitioner along with others submitted tender to participate in the process of auction, which was opened on 19.03.2013. The petitioner, being the highest bidder, deposited the security deposit as well as the auction amount of Rs.1,24,45,124/-. The Tahasildar, Bhubaneswar in turn was to execute the agreement as per Rule 53 of the Orissa Minor Mineral Concession Rules, 2004 subject to compliance of other provisions contained in the said Rules. As the environment clearance was not provided by the authority, the petitioner approached this Court by filing W.P.(C) No.21207 of 2013, which was disposed of on 21.11.2013, wherein direction was issued to the authority to take a decision in the matter in accordance with law within one month of receipt of the said order. Though, in the meantime, 11 months 20 days elapsed, no work order was issued nor any intimation was given to the petitioner to deposit stamp duty for registration of lease deed and the financial year 2013-14 was over. The Tahasildar, Bhubaneswar issued a fresh advertisement on 27.02.2014, which was published in daily newspaper on 28.02.2014. At this stage, the petitioner approached this Court by filing the present writ petition to quash the fresh advertisement issued by opposite party no.4 and to direct the opposite parties to allow him to operate the sand quarry in question on the basis of the previous auction, for which the auction amount has already been deposited.
(2.) While entertaining the writ petition, this Court has not passed any interim order protecting the interest of the petitioner. In any case, in the meantime, the period of the financial year 2014-15, for which the advertisement was issued, has already expired.
(3.) Mr. D.R. Mohapatra, learned counsel for the petitioner although submits that by efflux of time this writ petition has become infructuous, seeks for direction to the authority for refund of the amount deposited by the petitioner pursuant to auction held for the financial year 2013-14.;