Orissa High Court
Jay Kishore Choubey vs Revenue Divisional … … Opp. Parties on 26 March, 2026
Author: Mruganka Sekhar Sahoo
Bench: Mruganka Sekhar Sahoo
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.9263 of 2024
Jay Kishore Choubey ... ... Petitioner
-Versus-
Revenue Divisional ... ... Opp. Parties
Commissioner (Central Zone),
Cuttack and others
Advocates appeared in this case:
For Petitioner : Mr. N. Lenka, Advocate
Mr. H. K. Mohanta, Advocate
For Opp. Parties : Mr. D. N. Lenka, AGA
CORAM:
THE HON'BLE MR. JUSTICE MRUGANKA SEKHAR SAHOO
JUDGMENT
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Decided on: 26th March, 2026
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MRUGANKA SEKHAR SAHOO, J.
1. The W.P. (C) No.9263 of 2024 has been filed
challenging the order dated 11.12.2023 passed by the
opposite party no.2-Certificate Officer-cum-Collector,
Mayurbhanj in Certificate Case No.06 of 2018 (04/2018) in
a proceeding under the provisions of Odisha Public
Demands Recovery Act, 1962 (hereinafter the OPDR Act for
W.P. (C) No.9263 of 2024 Page 1 of 6
short) attaching the immovable properties of the petitioner
and directing to take physical possession of the land of the
petitioner and further directing to put the land in auction
and to issue non-bailable warrant.
It is stated in the writ application and submitted that
challenging the demand notice issued in the said certificate
case the petitioner has filed Certificate Appeal No.09 of 2019
U/s.60(1)(c) of the OPDR Act, 1962 before the Revenue
Divisional Commissioner (Central Division), Cuttack. The
said appeal is pending disposal.
2. I.A. No.23096 of 2025 has been filed after the order
passed by the Hon’ble Supreme Court. Similar I.A.(s) have
been filed in all the six writ applications listed today.
3. The matter has been listed before this Bench specially
assigned by Hon’ble the Chief Justice by order dated
20.01.2026 in the administrative side.
4. I.A. No.23096 of 2025 has been field by the OP/State
enclosing copy of the order dated 10.12.2025 passed by the
Hon’ble Supreme Court in Miscellaneous Application No.18
of 2025 in W.P.(C) No.114 of 2014. The said Miscellaneous
Application was filed, arising out of impugned final
judgment and order dated 02.08.2017 in W.P.(C) No.114 of
2014: Common Cause v. Union of India and others. By
the said order the Hon’ble Supreme Court have directed
thus:
“1. We are informed that several writ petitions
bearing W.P.(C) Nos.31548, 31551, 31554 of
2025 and W.P.(C) Nos.9264, 9263 and 12358 of
2024 are pending before the high Court, wherein
W.P. (C) No.9263 of 2024 Page 2 of 6
orders passed in recovery proceedings have been
challenged and stay obtained.
2. Since public revenue to a substantial extent is
involved, we grant liberty to the State of Odisha
to move an application before the Chief Justice of
High Court of Odisha by 19th December, 2025,
with a request to assign all such writ petitions to
a dedicated Bench for final disposal by the end
of March, 2026.
3. In the event, the Bench is disabled from
deciding the writ petitions finally by 31st March,
2026, at least, the prayers made by the State of
Odisha for vacation/alteration/modification of
such interim orders of stay may be considered
and decided by the Bench.
4. We also observe that in such of the cases
where either there is no stay granted by the High
Court or any other appropriate Court, the State of
Odisha shall proceed in accordance with law for
recovery of the outstanding dues.
5. Further status report shall be filed on or before
02.04.2026.
6. Re-list the Miscellaneous Application and the
connected matters in the second week of April,
2026.”
5. The learned counsel, Mr. Lenka referring to the
averments made in the writ petition submits that one of the
contentions raised in the writ petition is that prior to filing
of the certificate case under the provisions of the Odisha
Public Demand Recovery (OPDR) Act and further proceeding
under the said Act, quantified demand giving details of
calculation for arriving at the figure was not raised against
the petitioner.
6. To support his contention, learned counsel for the
petitioner relies on the paragraphs 3, 4 and 5 of the
W.P. (C) No.9263 of 2024 Page 3 of 6
Certificate Appeal No.9 of 2019 pending before the appellate
authority, which are reproduced herein:
“3. That as per the mining Lease Agreement, the
Appellant was paying the surface rent and other
ancillary rents from time to time. It is humbly
submitted that during the period 2000-2001 to
2009-10, the Appellant produced around 62.792 MT
of iron ore from the approved lease area and the
same was dispatched after obtaining removal
permission from the mining Department by paying
royalty and taxes.
4. That on 19.11.2009, the opposite party No.4
suspended the mining operation until all the
statutory clearances have been approved as the
mining operations were going under deemed
extension provision as per the mineral Concession
Rules, 1960. Therefore, in compliance to the
aforesaid letter, the Appellant stopped all mining
activities.
5. That, the opposite party No.1 vide letter
No.5711/S & M/II(A) SM-24/2013 dated
25.06.2015 declared all the mining lease to have
lapsed with effect from 18.11.2011 under Section-
4A of MMDR Act, 1957 read with Rule-28(1) of
mineral Concession Rules, 1960.”
7. It is submitted by the learned counsel, Mr. Lenka that
there is no basis for arriving at the figure quantified for
supporting the demand(s) made by the Mining Authority
raised against the petitioners, allegedly, towards mining
dues which have been sought to be enforced by resorting to
the OPDR Act.
8. The learned AGA submits that he has filed counter in
response to the writ petitions W.P. (C) No.31548 of 2025,
W.P. (C) No.31551 of 2025 and W.P. (C) No.31554 of 2025
W.P. (C) No.9263 of 2024 Page 4 of 6
and has also filed a petition for vacation of interim order of
stay.
Mr. Lenka, learned counsel submits that he has
received copy of the IA seeking vacation of stay/interim
order.
9. As has been stated at the Bar by the learned counsel
for the parties the Certificate Appeal No.09 of 2019 is
pending before the Revenue Divisional Commissioner
(Central Division), Cuttack.
Apparently, pendency of this writ petition has
interdicted the said proceeding i.e. Appeal U/s.60 of the
OPDR Act, 1962.
10. In view of the above, it is directed the Revenue
Divisional Commissioner (Central Division), Cuttack shall
proceed with the appeal in accordance with law.
The parties shall appear before the Revenue Divisional
Commissioner (Central Division), Cuttack on 10.04.2026
along with certified copy of this order. The RDC (CD),
Cuttack is requested to grant further three weeks’ time to
the parties to complete the respective pleadings. If any
rejoinder or sur-rejoinder is to be filed by any of the parties,
the same shall be completed within two weeks thereafter.
The parties shall have the liberty to take all the plea
available under law before the RDC (CD), Cuttack.
11. The learned counsel representing the
State/Department of Mining appearing before the appellate
authority: RDC (CD), Cuttack shall apprise the authority by
producing copies of all the orders passed/direction issued
W.P. (C) No.9263 of 2024 Page 5 of 6
by Hon’ble the Apex Court which would have any bearing on
the subject under adjudication.
12. The petitioner herein whether is a party in any
proceeding pending before/disposed of by Hon’ble the Apex
Court shall be specifically disclosed before the Appellate
Authority-RDC in the pending appeal.
13. This Court has not expressed any opinion regarding
the respective contentions of the parties in the present writ
petition.
14. The interim order dated 19.04.2024 passed in this writ
petition shall continue during pendency of the Certificate
Appeal No.09 of 2019 before the RDC(CD), Cuttack till
disposal of the appeal.
15. It is directed that the parties shall cooperate in
sincerely prosecuting the matter in appeal. The appeal shall
be disposed of within a period of four months from the date
of appearance as directed above before the appellate
authority.
16. The writ petition is disposed of with the above
observations.
Urgent certified copy be issued as per rules.
(Mruganka Sekhar Sahoo)
Judge
Signature Not Verified
Digitally Signed Orissa High Court, Cuttack
Signed by: RADHARANI TheJENA
26th March, 2026/Radha
Reason: Authentication
Location: OHC
Date: 30-Mar-2026 17:35:09
W.P. (C) No.9263 of 2024 Page 6 of 6
