Sarbeswar Khanda v. State Andors.

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.1683 of 2013 Sarbeswar Khanda ....

Petitioner Mr. Niranjan Lenka, Adv.

-versusState of Odisha and Ors.

....

Opp. Parties Mr. P.K. Muduli, AGA

CORAM:

DR. JUSTICE B.R. SARANGI MR. JUSTICE S.K. PANIGRAHI

ORDER

05.01.2022 Order No.

08.

1. This matter is taken up through hybrid mode.

2. Heard Mr. Niranjan Lenka, learned counsel for the petitioner and Mr. P.K. Muduli, learned Additional Government Advocate for the State.

3. The petitioner has filed this writ petition to quash the order/ notice dated 02.01.2013 under Annexure-4 and the auction notice dated 16.0.2013 under Annexure-5 issued by the opposite party no.3-Tahasildar, Shamakhunta and also to issue direction to allow him to operate the stone quarry, namely, Mahulakarkachia Stone Quarry No.2 involving the auction agreement under Annexure-3 for a period of one year from the date of execution of the agreement i.e. from 19.04.2012 to 18.04.2013 or in alternative, the petitioner shall be allowed to operate the said sairat till the end of 31.03.2013.

4. Mr. P.K. Muduli, learned Additional Government Advocate for the State contended that since the aforesaid period has

// 2 // already expired, the reliefs sought for by the petitioner cannot be granted.

5. Considering such contentions made by the learned counsel for the parties and upon perusal of the records, it appears that the period of agreement has already been over by efflux of time and, hence, the writ petition has become infructuous.

6. In view of the above, the writ petition stands disposed of as infructuous.

7. Interim orders passed earlier stand vacated.

8. Urgent certified copy of this order be granted on proper application.

(Dr. B.R. Sarangi) Judge ( S.K. Panigrahi) Judge BJ