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Judgment
Though this matter was listed today for orders, with consent of learned Counsel for both the parties, the same was taken up for final disposal.
Heard learned Counsel for the parties.
A counter affidavit has been filed by the Tahasildar, Dhenkanal, who is also present in Court.
Perused the record supplied by the State Counsel. It is evident from the record, that the petitioner has deposited a sum of Rs. 30,0007-for the Sairat, i.e.. Bhapur Road Metal Quarry No. 111, for the year 2008-09, but an agreement has been executed allotting the said sairat in favour of the petitioner from 16.12.2008 to 31.03.2009, i.e. for a period of three and half months. Now, Tahasildar, Dhenkanal submits that the aforesaid sairat has already been put to auction and the highest bidder has offered a sum of Rs. 1,25,000/-.
In our considered opinion, as the petitioner has entered into an agreement for the period as aforesaid, the Provisions of Rule-36 of the Orissa Minor Mineral Concession Rules, 2004 will not be applicable to the petitioner, but he is entitled to refund the proportionate amount after adjustment of the same for the period he operated the sairat, i.e. from 16.12.2008 to 31.03.2009. Let the aforesaid amount be refunded to the petitioner within a period of two weeks from today, failing which the petitioner shall be entitled to the interest on the aforesaid amount, which the State Exchequer shall not bear, but the same will be recovered from the officer concerned.
The writ application is accordingly disposed of. All the misc. cases are disposed of accordingly.