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Judgment
This matter is taken up through hybrid mode.
Heard Mr. J. Kamila, learned counsel appearing for the petitioner and Mr. P.P. Mohanty, learned Additional Government Advocate appearing for the State-opposite parties.
The petitioner has filed this writ petition seeking direction to opposite party no.4-Sarpanch, Alumeda Gram Panchayat to permit him to operate the Alumeda Sand Quarry in Dubdubi River for a further period of three months , i.e. till June, 2023.
Mr. J. Kamila, learned counsel appearing for the petitioner contended that though the petitioner was granted Alumeda Sand Quarry for the year 2022-23 on accepting the bid amount of Rs.5,50,000/- as per Annexure-1, but he was communicated, vide letter dated 14.03.2023 under Annexure-2, not to operate the said Quarry after 10 PM of 31.03.2023. It is contended that the petitioner has only operated the Quarry for a period of nine months though the same was granted for one year. Therefore, direction may be issued to the opposite party authorities to allow the petitioner to operate the Quarry for a further period of three months, i.e. till 30.06.2023.
Mr. P.P. Mohanty, learned Additional Government Advocate appearing for the State-opposite parties contended that the petitioner with eyes wide open entered into an agreement with opposite party no.4 on 07.07.2022 indicating the period of operation of the Quarry for nine months, i.e. from 28.06.2022 to 31.03.2023. But now he cannot ask for extension of a further period of three months, as the same is unsustainable.
Considering the contentions raised by learned counsel for the parties and after going through the records, this Court finds that pursuant to Annexure-1, auction was held for the Alumeda Sand Quarry in Dubdubi River for the year 2022-23 and on acceptance of Rs.5,50,000/- deposited by the petitioner, he was permitted to operate the said Quarry for a period of one year. But, the petitioner had entered into an agreement with opposite party no.4 that the period of operation of the Quarry would be for nine months, i.e., from 28. 06.2022 to 31.03.2023. Thereafter, the petitioner operated the said quarry and at that relevant point of time, he never raised any objection with regard to execution of agreement for nine months. Now the petitioner cannot turn around and ask for extension of further three months time to operate the Quarry till June, 2023. Thereby, the relief sought cannot be granted to the petitioner.
Accordingly, the writ petition merits no consideration and the same is dismissed.
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