ORISSA METALIKS PRIVATE LTD. Vs. STATE OF ODISHA

JUDGEMENT

(1.) Heard Mr. Pinaki Misra, learned Senior Advocate assisted by Mr. A.R. Mohanty, learned counsel for the Petitioners and Mr. A. K. Parija, learned Advocate General assisted by Mr. P.K. Muduli, learned Additional Government Advocate for the State-Opposite Parties.

(2.) Petitioner No.1 is a Company engaged inter alia in the business of manufacturing sponge iron, pellet and other steel products in the State of West Bengal, which has two manufacturing units, such as Unit-I and Unit-II. Unit-I is engaged in manufacturing of sponge iron and Captive Power and was issued with a licence on 7 th April 2016, by the Joint Director of Mines Joda, Keonjhar, Odisha, which was valid till 6th April, 2021. It was a licence for procurement of Iron ore and coal for processing, end-use and sale of residuals outside the State of Odisha. Unit-II manufactures iron ore pellet and beneficiation of iron ore, for which a licence was issued on 7th April 2016, valid till 6th April, 2021. This licence was for procuring iron ore and manganese for processing, end-use and sale of residuals outside the State. Both the licences stand renewed for further period and the copies of renewed licences have been enclosed with the petition. Incidentally, the renewal was granted on 20th February 2021.

(3.) There are three monthly return forms, such as Form-A and Form-E under the Orissa Minerals (Prevention of Theft, Smuggling and Illegal Mining and Regulation of Possession, Storage, Trading and Transportation) Rules 2007 (in short '2007 Rules') and Form-L under MCDR Rule, 2017 ('2017 Rules') that were required to be submitted by Petitioner No.1. Noticing certain discrepancies in the figure in those returns, a show-cause notice (SCN) was issued to Petitioner No.1 by the Joint Director of Mines, Joda, Keonjhar (Opposite Party No.3) on 6th January, 2021. The licences were suspended and the transit permits were also cancelled.