19-05-2026- LIVE STREAMING OF CHIEF JUSTICE'S COURT, HIGH COURT OF ORISSA

Ajouté : 2026-05-20

[00:00:10]Court appeal is directed against the judgment dated 2312 2025 where honorable court while adjudicating the case on merit on ground of alternate remedy available alternate remedy maron has disposed of or dispace by red petition.

[00:00:28]>> Yes. After giving findings on merit my this relates to payment of gratuitity my graduity of an employee a regular employee of respondent number three >> before the controlling authority >> was it was it was the affidavit completed in the red petition.

[00:00:49]>> Yes. Yes ma'am. Pleadings were completed and read was hard on there after the alternative remedy. Can you show me uh the uh operative portion to share?

[00:00:59]>> Sure. Sure my sir lecture one from >> show me the portion the portion >> correct my four if you can see >> 6 4 >> 6 4 then finally from page 28 running page of my >> running running page 19 I believe running page 38 >> 38 correct m >> yes >> 38 finally >> who is appearing for the other side >> both respondent two and three are being represented by their respective lawyers >> where are respondent number two here my lords I with repending for number three.

[00:02:01]Now tell me sir the if the court entertains the red petition invited the parties to exchange the affidavit is it permissible to relegate the parties to a alternative forum >> here the relegate the matter here the court honorable single judge did not relegate a matter to the appalate forum what it what the honorable single judge had has observed is that the matter is not maintainable is the repetition is not entertainable since there exist an alternate remedy of appeal under >> what is what is the difference what is the difference that I I could not >> make out the case if the court says it is not internable because of the alternative statutory remedy available then what does it mean not relegating a alternative forum >> what is the single did not send it to the appallet forum to decide it. It only >> they can but they can this observation what is the law of the subject >> should be it should be relegated at the very first day of admission.

[00:03:13]>> Yes sir.

[00:03:13]>> Or it can be relegated after the full fleshed hearing >> after hearing the parties and passing the judgment the >> show us show us I I am aware of a just reverse judgment. So please tell us show us the judgment you have in your hand.

[00:03:31]>> The party cannot be sent to the alternate to >> I understand it is not an absolute bar that the rate is not attainable because of the alternative remedy available.

[00:03:43]So the court must exercise the discretion at the very first day when the but once the parties exchange their affidavit everything has been done then will it not be proper that the court should decide the matter on merit but it was decided on also my two two issues were framed by the honorable single judge. One was whether the order passed by the controlling authority is sustainable in the eyes of law and the second was with respect to the alternate remedy available uh with the matter. Now uh from at P number 16 at page number 35 the honorable single judge has uh observed has made some observation on merits par 16 page 35 the above exhibits and the bylaws of the fed are also going to show that the is the Controlling authority of Pumul and OFred is vested with all powers that is recommend liquidations of any member union or primary cooperative societies including Pumul common service headers for fores staffs of the member unions. The selection of the petitioner was made by the AEX organization of Pumul that is Of his service was placed under the control of its subsidiary union Pumul. Therefore the fixation of joint liability for payment of graduity dues to the applicant on the pumul making them jointly and severally liable cannot be held as erroroness because the object of the payment of gratuitity act 1972 is to achieve social justice and a liberal interpretation as well as wider meaning has to be given while interpreting the said act that apart for the interate dispute between comfort and the pumul the retired employee that is promot Kumar pani should not be debarred from getting his legal graduated dues. My this is the observation made by the honorable single judge on merits.

[00:05:51]Here my lords the respondent number two had retired from his services.

[00:05:55]>> No I understand this is with in relation to a payment of gratuitity.

[00:06:00]>> Yes my lords.

[00:06:01]>> Yes I understood.

[00:06:04]>> Yes. Yes. You will >> only point which appears to us at the very outset. Correct. But now the court has also gone into the merit.

[00:06:13]>> Correct my lord. Now after adjudicating the issues my lord which are crux of the issue my lord on merit relegating me again to the alternative my lord >> modify the order. We can modify the order. So far as a liability is concerned it is a joint liability which has been held. So that is what is there and there is no point of relegating him to >> his holding me jointly and severally liable is not permissible because I'm a independent >> ent where is a bar where is a bar show us because he relied upon judgment of this >> he has relied upon of this court show us >> the respon is there in the order itself of the who took took 12 months of apprenticeship period that the federation made the person concerned by trained killed to make him eligible to seek proper employment and he was regularly observed there after from 173 1983 till the date of superan 38 long years he was regular employee of respondent number three he only got killed my lord under federation for 12 months for that holding me responsible my equally and jointly to discharge a uh liability of to the tune of 50 lakh 31,000 is not permissible my lord I am not the employer here the employees district milk union my and it will set a very wrong precedence also for all employees of different milk unions of the state my there are 13 or 14 district milk unions all over the state and my status My status as well as the different milk union status are separate autonomous independent bodies there cooperative bodies by our relationship just like a data and creditor and we function in a three- tier system federation being at the apex level district milians are in the mid mid tier and the primary agricultural milk union society meot which are primarily at the root And I I can I can also physically produce adjudication made by the same controlling authority in respect of other employee of the same um and other district militian where they have not uh he has noted the liability of >> yes who is appearing for PU Ming my lord The is the is the affiliated society to the minor is organization. The maximum of time is the general manager posted by the and tax bill without paying without giving payment more than two crores pending pending. No fair.

[00:09:26]Um is a small society most of the employees are controlled by the general manager. General my that point will be decided by the opulate authority my lord auth under under section seven subsection seven my lord of the act instead of filing the preferred ma'am there is no question of any uh we wanted to we wanted to hear out uh the uh the appeal itself. The point is very the point is very simple whether it is a joint liability >> or it is a it is a sole liability of >> correct >> so that is the only point which is available sir >> now now so far as the sorry for interfering but >> just wait have a patience >> was filed by the appalent which is dismissed >> the petition was filed by the appalent which is dismissed.

[00:10:41]>> Yes, correct. Whether any entry order was continuing in contin The respondent has retired in 2021. Till now none of his graduated dues have been paid to him.

[00:11:18]>> I understand. I understand. This is a portion. Now the pumul has not challenged this order.

[00:11:24]>> No he there is not challenging.

[00:11:28]>> Now now the controlling authority has said that both of you will share jointly equally.

[00:11:35]>> Yes ma'am.

[00:11:36]>> Equal liability.

[00:11:38]>> Yes ma'am.

[00:11:39]>> Both of you.

[00:12:00]It was only no coercive step should be taken against you sir.

[00:12:05]Sir in my read petition sir >> in your read petition sir Mr. There was no stay of the operation of the order of the controlling authority.

[00:12:15]It was only a coercive action to be not not to be taken. That means the order has its operation.

[00:12:24]My lord because of this my order was not given effect to and >> I do not know you said stay that is not correct because my brother has opened the the rich file has gone to the >> order which was initially passed by honorable justice single bench that is what as an interim measure it is directed that no coercive action shall be taken pursuant to the order under annex one that is the order dated uh 163 2023.

[00:12:57]>> So correct ma'am.

[00:12:57]>> So it is not a stay of the operation.

[00:12:59]Only thing is no coercive action.

[00:13:02]>> No courseive action.

[00:13:03]>> So why you said the stay of the operation was granted >> my lord?

[00:13:09]That that was wrong impression. I'm carrying the other file appeal file my file >> and and one more prayer ballot before the controlling authority it was nobody's case that the respondent number two is not entitled to gratuitity rather it was admitted fact and admitted case of all >> understand sir you need not have to yes my lord Uh the the the repetition filed by the appalent was dismissed after deciding two points.

[00:13:57]Namely whether this Yes. Item number two.

[00:21:53]Yes. Who is appearing for the appalent?

[00:21:55]>> Mad I am appearing my lord.

[00:21:58]>> Yes. What is the matter?

[00:21:59]>> My lord. Uh yesterday this this read appeal arises from a read petition wherein transfer order has been in ch was in challenge. Yesterday I had supplied a document before your lordship and uh no one is appearing was appearing for DSG that's why as for your lord's direction I have communicated them through email to appear today >> yes >> my lord I want to understand nobody's appearing means I don't understand last occasion there is a direction for >> yesterday it was there but uh since last hour we could not have Oh yes, now you are appearing.

[00:22:40]>> Yes. Yes, you are appearing.

[00:22:42]>> Okay.

[00:22:43]>> I want to dated 155 2006 which I had supplied yesterday. Me.

[00:22:51]>> Yes. My lord. Uh I want to place that.

[00:22:55]Last paragraph I have placed yesterday.

[00:22:57]Today also I'm placing my >> Oh yes. Uh Mr. D.

[00:23:01]>> Yes ma'am. Uh I think on the last occasion you communicated to us that uh so far as the entire uh facilities or amenities which are required to be extended to the petitioner is available at the transferred post. Yes, >> there no difficulty. But now the letter is issued by a commandant uh 175 battalion where he has said that it is in also informed that there is no government accommodation available in this unit in which above psychiatric patient with his family can be accommodated.

[00:23:45]Keeping in view of the above, it is requested that the above individual may be transferred to any aesthetic office by cancelling his transfer from Odisa sector headquarter to 175th battalion for his better treatment please.

[00:24:05]Then that instruction that instruction I didn't have if they got it.

[00:24:13]>> Yes. Yes. This is in this instruction from a commandant because not a level of command to decide I'll say headquarter and they will do the needful just keep the matter. Only thing is that the doctor has said that since he has some psychological or psychiatric problem the the the member the presence of the members all along with him is also very much necessary.

[00:24:37]>> That's true.

[00:24:38]>> You said that the family can can live there. There is no difficulty. The family can uh give us support. So we were of the view there is no difficulty in this regard. But now this commandant has said no 175th battalion does not have.

[00:24:53]So I'll take the instruction let's give some time after vacation let's keep it my lord one humble summation my lord must be getting my lord this is a reply to the letter of the dig law my lord new delhi if my lord I want to take a lot to the first page this is a reply of the dig law dt kindly refer to your office signal number j241 1 by 2026 DA9 dated 145 2026 me it's a reply which has been made by the DI L the first line of that letter me yes I have seen >> internal communication >> whatever is otherwise London DSG was saying that they have all infrastructure they have all facilities >> I have that instruction that's why I'm sitting I have not command says the commandant saying so again again again I have to verify all this >> now the position is where he is now my lord that is also observed >> he has already been relieved from 8th April >> yes >> he has already been relieved from 8th April but he has not joined at 175 battalion >> now what to do sir may keep you today after tomorrow >> that will keep you after tomorrow.

[00:26:22]>> That's a very easy way. But what what would happen to his salary? Now Mr. DSG, both of you, what would happen to his salary? He has been discharged from the headquarter. He's not he's not able to join the 175th battalion. Now >> there is no difficulty to join and there is no difficulty to get another order.

[00:26:43]India transfer case any particular >> Mr. DSG had it been a normal case no problem he is a psychiatrist >> we are equant since long it is not that today it is suffering and we are not giving importance he suffering since long we are also giving all support to them in >> I understand but in 175 battalion you have no infrastructure no facilities what provid in in other Mr. DSG are you ready to burden if anything happens to him? Will you burden the responsibility?

[00:27:18]We are we definitely will take responsibility to what I'm praying my lord what reference my lord what I'm praying my lord what I'm my limited pair will be what what instruction they're doing is it is coming to him but not to us so it is also strange I will take instruction from the officials definitely if this is a problem then I either he have to return this or he has to give another place mr mr Pari kindly appreciate how will he be in a position to get himself treated anyway because he is already relieved he's not perhaps he's not getting any any salary also >> in a matter of two days I'm praying my lord for for tomorrow after tomorrow I'll ask IG to give some all set itself yes >> sir Sir on 4th May the same thing we passed a very elaborate order >> but but because he's not not joined in that place we are not able to give any sort of benefit to him what I'm praying my lord >> Mr. PSG at least at least we are we are conscious that the there is a very limited scope >> under the under under the judicial review against an order of transfer we are conscious but equally we are we are also conscious that if a person >> who has a difficult who is passing through a difficult time is a psychiatrist patient the doctor has said that yes he needs a constant the you know the support from the family he's under medication give him some static duties he's otherwise ready to do it is capable of doing it but not a very rigorous duty so there the human approach is human touch is also involved in that so what >> definitely my lord I'm completely agree with my lord I am not >> so what I'm praying my lord because then then my lord because they are giving instruction about they are giving test in all facilities.

[00:29:34]>> Have you now giving us another letter?

[00:29:36]>> Have you given that letter to Mr. DSG?

[00:29:39]>> Yes.

[00:29:39]>> Yes. Yesterday I have through email my lord.

[00:29:42]>> So >> I have not gone through it because I have not checked it up email.

[00:29:49]>> Mr. Di Mr. Di >> have you have you received this instruction which has been given by Mr. >> No no no he has not solved the computer.

[00:30:00]>> He has not sir.

[00:30:02]>> No.

[00:30:04]copy to us today by tomorrow I'll get the instruction after tomorrow I'll refra I have already supplied through learn email my lord >> no no no anyhow I understand >> it's not possible to verify everything not possible >> uh respondent number representing.

[00:30:37]Oh, he along with CGC.

[00:30:45]>> Yes. Uh the three >> item number three I'm there yesterday you condone the delay but I think the same noting has come today I don't know what >> toward the end oh >> that uh Yes. Yes. Review there was a one day delay. So >> Oh yes yes yes there is no difficulty why you go by a technicalities come listed for that actually that's the reason why I indicated.

[00:33:01]>> Are you ready to argue review?

[00:33:03]>> So what I beg to submit that I am ready to argue but physically it would be better to communicate. So if fellowship fix it to after holidays. Uh >> yes after holidays.

[00:33:15]>> Great number.

[00:33:16]>> Thank you. Because online online actually little bit difficulties is there. No sir nowadays there is no problem >> but your has lot of facilities there actually we have got limited facilities here >> item number four who is appearing in four emperor respondent my lord who is for the apple >> I am I am my lord there's a delay of 157 days I have already soft copy on mr kia >> and I have also filed >> yes ma'am I have filed an objection to that delay on national >> you have filed >> yes ma'am I have filed in the registry today and also served copy to my senior >> okay >> have you got it Mr. government advocate >> yes yes madam >> Mr. Have you received the copy of the objection?

[00:34:23]>> Copy has not served on me. My lord, >> my in the office my lord in the office I have served at 10:30 to serve the copy today so far >> already served.

[00:34:34]>> Mr. Gia Mr. Gia you you give him a physical copy the when the London government advocate is appearing so please give him a copy. Well I will give in course of the day >> by Mr. GIA that uh that he has an filed an objection uh to an application.

[00:35:45]some promptitude into it.

[00:35:48]Lord, yes.

[00:35:51]Uh test item number one 5686 >> who is appearing in item number one for the opposite party mro I'm I'm for the opposite party.

[00:37:19]>> Where is Mr. Dea Prashad? MRO you. What is this?

[00:37:23]>> RC RC is registration cancellation.

[00:37:26]>> This is a matter of registration cancellation.

[00:37:33]>> I'm appearing physically or why you are appearing physically when today is a virtual day? Pardon?

[00:37:46]>> Yes. RC cancellation.

[00:37:49]>> Yes.

[00:37:50]>> Yes.

[00:37:52]>> Item number two.

[00:37:56]>> Kazul Kazul Sahu. Where is she? May I please lordship? My lordship. I appearing on behalf of the petition in this matter. This matter pertains to 734B.

[00:38:06]>> Yes my lord. I am I am appearing for the opposite party department. My lord the supreme court. My still pend still.

[00:38:17]>> Okay. Yes. 734B.

[00:38:19]>> Item number three.

[00:38:24]Three. Orchidra.

[00:38:30]>> You are.

[00:38:33]>> Yes.

[00:38:36]>> Yes ma'am.

[00:38:37]>> What is this?

[00:38:39]>> I'm quot Yes. What is this matter? RC cancellation matter my lord I am I will no your lordship I have objection on you here this is the cancellation of RC due to non conducting the business in the princip in the place of business your lordship so place of business is the dispute and he he has not enclosed a single document to prove that she is continuing the business so let him file one additional epidabit and I may be permitted to do an impos >> uh it is submitted by the council for the for the for the Pista that uh the challenge in the instant rate predition.

[00:41:27]Item four cancellation matter.

[00:41:32]>> Yes.

[00:41:33]>> Item five.

[00:41:37]Yes.

[00:41:38]>> Das Mr. Mr. Adita unmute. Unmute yourself. Unmute yourself. 734B matter.

[00:41:46]73 I'm appearing for the opposite party sir item number six who is sik Iudin SS Ali and SS swine item number six who >> yes >> yes I'm appearing on the other petition Yes, >> it's RC metal ships.

[00:42:22]>> Yes.

[00:42:25]>> Item number seven is also RC cancellation.

[00:42:28]>> RC cancellation.

[00:42:30]>> Yes.

[00:42:31]>> Number eight.

[00:42:35]>> Item eight.

[00:42:36]>> Eight. RC cancellation. Her case may be allowed.

[00:42:40]>> Yes.

[00:42:41]>> Item number nine.

[00:42:43]>> My lord. Item number nine relates to multiple assessment here.

[00:42:46]>> But here my lord I have an objection my lord. Here my lord there is a misrepresentation of fact. If your lordship will see p 13 of his re application he has stated that he has raised a point before this is the order in adjudication is under challenge and he has raised a point that single so notice for multiple financial aid is bad. But in the reply which he has annexed there is not a single line I have found regarding this my lord.

[00:43:17]But the fact remains >> file counter file counter >> yes my lord I'll mr file count >> my lord my lord >> by one week after join if any within one week thereafter >> my lord >> two weeks after the reopening give a date >> 9th July >> 9th July Sim similar can be fasted >> what action regarding multiple uses >> regarding multiple assessment here no course action >> Mr. Jan have you not heard the objection raised by Mr. Yes my lord I have heard that >> he is raising the objection that you have not taken single stand before the authority concerned that it is involving multiple uh multiple periods. So he's raising objection he will file reply.

[00:44:11]Okay.

[00:44:16]>> Yes.

[00:44:16]>> Item number item number 10 is the RC cancel.

[00:44:22]>> Yes. Who is for the other side?

[00:44:25]>> I'm appearing.

[00:44:28]>> Yes.

[00:44:28]>> Item number 11. Yes.

[00:44:32]>> Item number 11 pertains to cancellation of GST registration.

[00:44:35]>> I am appearing cancellation.

[00:44:38]>> Yes. Item 123 4B.

[00:44:42]>> That's why I'm apping for the revenue.

[00:44:44]>> 73 4 B.

[00:44:46]>> Yes.

[00:44:46]>> 73 4B.

[00:44:48]>> Yes. Next.

[00:44:49]>> Item 13.

[00:44:50]>> 73.

[00:44:55]>> Yes.

[00:44:55]>> MK Mahanti.

[00:44:57]>> Yes.

[00:44:58]>> 14.

[00:44:59]>> 73.

[00:45:01]>> I aming.

[00:45:03]>> Yes.

[00:45:04]>> Yes.

[00:45:04]>> Item 15.

[00:45:07]I appearing in this case RC 15 >> 15 I am appearing here.

[00:45:16]>> Yes. Yes.

[00:45:23]>> Weekly daily list item number one WPC 46 of 2026.

[00:45:34]matter.

[00:45:38]was not considered either.

[00:45:43]Last occasion appointed a judgment of Gulma in case of singers.

[00:46:09]>> Where is the judgment sir?

[00:46:12]Lord point out the judgment on that last point that judgment last sing you come tomorrow.

[00:46:28]>> Uh no uh they can address.

[00:46:30]>> No no live streaming is off.

[00:46:57]Oh, I did it with this.

[00:47:07]who is appearing for the prisoner please your I'm for the I'm the for the item number two your lordship I'm appearing through BC your lordship >> yes everybody I am also appearing through VC >> lo here is the muh the petitioners are belongs to naranur block your logic they >> you have made a representation flagging an issue of illegal mining. No steps have been taken. Yes.

[00:47:39]>> Why you are not taking steps?

[00:47:42]>> Uh instruction instruction not required back in 61 2024.

[00:47:56]>> Yes sir. Representation has been done.

[00:47:58]You you go and decide the representation. Take a decision.

[00:48:05]Representation >> disposal of representation within 3 weeks from the date of the communication of the order. Item number three.

[00:48:16]>> Yes.

[00:48:36]Yes. Who is appearing in three?

[00:48:39]Olkumar, Mahapatro, Banda.

[00:48:46]Nobody's appearing.

[00:48:57]Nobody that appears in support of the petition.

[00:49:02]This is the matter after the petition is a blackstone and at the time of handing over of the le to the petitioner there was no measurement and there was no drones conducted by the and on 15th of 2023 and so was noticed so notice was issued to the petition by the under 8 mile alging the over extraction and subsequently the petition has submitted his preliminary inquest to submit the details of the survey of the conducted by the as the did not furnish any document my lord thereafter there is a demand of the tasilder by the annex 11 and petitioner file applications in this court lord may kindly see the order page 115 I'm accept 12 ma'am.

[00:50:02]>> So let them file a counter. You have already deposited the entire file a counter because on your representation they have revised the demand and reduced it to practically half >> them.

[00:50:25]There is no question.

[00:50:28]Rejoin that one week after.

[00:50:30]>> May five >> my lord. Item number five on behalf of Mr. Sister Ra may be prayed for after vacation. My lord >> after vacation >> item number six. Item number six myots I'm appearing to myots item number six it is similar to WPC number 21664 of 25 and your lots have issued notice in that may be tagged along with that >> what what what is the >> this is a matter concerning my the petitioner was not able to do the quering activities because the query was filled with water now they have raised the demand that even though I have not done the quering activities they have raised The demand for deposit of the royalty and other charges manage.

[00:51:33]>> Yes. Let it be tag. Give that number.

[00:51:35]What is the number?

[00:51:37]>> WPC number 21 664 >> of 25 minutes.

[00:51:42]>> 2164.

[00:51:46]>> It was posted to it is posted to >> it was it was posted my it was this week but after notice matter it has not come my it will come after vacation.

[00:51:55]>> Mr. Mr. So Mr. Som, what is the year?

[00:51:59]2020 25 >> 25 >> item number seven.

[00:52:09]>> May I plead your lordship?

[00:52:14]>> In this case lordship kindly see imput at an 12. My lord without giving any notice and without giving any opportunity penalty has been imposed my lord.

[00:52:27]And Lord in a similar matter in WPC number 35381 of 2025 decided that issue meenity >> penalty 51 if I remember >> yes of 2025.

[00:52:51]Yes.

[00:52:54]>> Oh, no. We have already decided or not decided.

[00:53:00]Mai, that case was disposed of >> disposed of on uh on 24th, 2026. Mor.

[00:53:11]>> Yes. The same same judgment will apply here.

[00:53:20]Sir >> sir, I think the point the point involved here in whether the authority has any power to impose a penalty under rule 51.

[00:53:43]>> Have you read Have you read the judgment?

[00:53:46]Mr. Swine Mr. Swine Mr. Swine Mr. Swine, >> have you taken note of Have you taken note of that judgment which m Miss Patnik is uh citing that is delivered that is that is delivered by us uh interpreting rule 51 of the OMMC rules saying that the uh Tasar or mining officer no mining officer has no jurisdiction. You take note of that or the mining officer has no jurisdiction to impose penalty invoking rule 51 of the OMMC rules.

[00:54:36]>> I'll check up that judgment but I have not seen that Mr. I think up in number of judgments or the orders have been passed based upon that judgment. I remember in two of it you appeared I myself >> yes we simply say that so far as the penalty component is concerned it is not within the path of the mining officer under rule 51 it is the jurisdictional cognance taking court who can impose penalty passion that >> only the only the the penalty component other component we have not touched uh miss uh >> miss >> other component we have not touched >> only penalty me >> yes you'll have to deposit the other component that you cannot shy away >> that is that what something there are two versus state of body similar.

[00:56:04]>> Yes. Yes. Yes. Yes.

[00:56:07]Item eight.

[00:56:14]>> May I please?

[00:56:18]>> Yes.

[00:56:20]>> May I please your lordship?

[00:56:23]May I please your lordship?

[00:56:25]Yes.

[00:56:26]>> Yes. You are already pleasing us. No problem.

[00:56:29]>> Hello.

[00:56:31]>> Mr. Manti, >> may I please your Lord? Mr. Manti, please.

[00:56:36]>> Huh? May I please >> please argue?

[00:56:41]>> My letter my letter this is my limited prayer. The proceeding was hearing on 2211 2002 under annexure one till it it was not published. L kindly may direct the opposite part number three to publish that uh proceeding result only limited mil instruction in this matter uh on WhatsApp to Mr. may see if that is there page four and page five.

[00:57:25]Some facts are not stated in the petition.

[00:57:28]First of all, that order was passed.

[00:57:31]They have challenged that order in appeal. That is not stated in the petition. And no no I am not in appeal that that thereafter that proceeding that that hearing was complete on 2211 2020 it was not published but thereafter the opposite party number three under annexure 2 demanding our demanding to the petitioner under 211 without disposing dispose of is proceeding 22. That is only my >> what what what the additional government advocate is submitting before us that this on the basis of this personal hearing on 2211 2022.

[00:58:26]The order is passed and published by the authority. You are aware of that order.

[00:58:34]and you have challenged that order before the appropriate forum. You have suppressed all those facts in the repetition.

[00:58:43]This is what his contention is. Your contention is that you do not know any decision has been taken on the basis of that personal hearing held on 2211 2022 and therefore they cannot raise a demand unless they take a decision.

[00:59:01]But the decision has already been taken.

[00:59:03]You are suppressed. Let them file a counter affidavit. Disclose all those facts.

[00:59:09]Enex the relevant documents. We will see to it. No problem. Counter one week after rejoiner one week thereafter. Keep it in the third week of July.

[00:59:22]>> Item number nine.

[00:59:23]>> Mobilized. May I please your loss?

[00:59:28]>> Yes. I pray for matter to be listed after vacation measure matter your lordships have already dealt with I was running a lease I'm a le my lords and because of the construction of a petroleum reservoir at that area I have already my lords for 2 years I have operated the lease The rest years the government rules 64 to be invoked.

[01:00:04]>> Yes. Yes. Exactly. Your lordships have also passed the >> Yes. Yes. Let the government take a decision.

[01:00:13]>> Deeply obliged. Deeply obliged.

[01:00:16]NGT.

[01:00:17]>> Yes.

[01:00:27]>> This is not NGT. No, I understand this is not a case of NGT. We were just reminding them as for subsequent order sukanto or something WPC number 4615 of 2026. I'm giving a copy of that order for your number.

[01:00:47]>> Yes. Item 11 after it is there on my desk right hand side >> you have checked that please 12 already at John's 13 item 14 after vacations >> after vacation.

[01:01:23]>> Yes.

[01:01:24]>> Yes.

[01:01:26]>> Item 14 >> who is appearing?

[01:01:33]>> Um so on behalf of I'm appearing.

[01:01:38]>> Yes. What do you want madam?

[01:01:40]>> I want adjournment. Candidate be listed after vacation.

[01:01:44]>> Yes.

[01:01:45]>> Thank you. Oh 15 >> 15.

[01:01:57]>> Yes.

[01:01:59]>> Huh?

[01:02:00]>> 15 I appear on >> after vacation if my seniors.

[01:02:14]>> Yes. after vacation. Next >> item number 16.

[01:02:18]>> Item 16. May I please your worship?

[01:02:23]>> May I please your worship?

[01:02:26]>> You are not visible sir.

[01:02:35]>> Yes.

[01:02:36]>> May please.

[01:02:38]>> Yes sir. Order impies under one series that is a me transportation of me earth in tractor that was seized by the tussella and pass order imposing a penalty of five rupees but that was passed in the year 2018. If your lordship finally have a glance to the page 14 that order was annexed along with the notice which was given to me >> in 205 they have reminded that >> but prior to page 14 if your lordship have a glance to the page 15 page 15 may place that paragraph >> rule 51c clearly states that whether any person is found extracting or transporting.

[01:03:38]>> No, this he's saying that.

[01:03:43]>> No, no, if you're not have a glass page 15 in this matter.

[01:04:28]Yes, >> he was agreed to release the vehicle by Mr. Yes. Have a glance to the page 15. Page 15 of the brief.

[01:04:40]>> Yes.

[01:04:41]>> Yes.

[01:04:41]>> May May I place that paragraph? You you you agreed you agreed to pay royalty and penalty so that your vehicle will be released.

[01:04:51]>> Yes my lord. If if so then what prompt the authority to issue notice then the your lordship come to page 14.

[01:04:59]>> Have you deposited that amount?

[01:05:01]>> No my lord because because they because once they have stated that I have agreed to pay. Now here in the page 14 they are saying that they have issued a notice. I have filed a sus and taken some plea that was turned down. But both the plea in the said impume order is my lord mutual destructive.

[01:05:28]Apart from that my lord if your lordship your lordship section three of the minor concession rule >> sir sir you are you are challenging an order passed way back in the year 2018 >> this binding on you you were aware you agreed everything to pay now after such a long time. They just raised a demand that this is pending. You have not paid it.

[01:06:03]They have issued a notice to you.

[01:06:05]>> No, my my respectful summation my lord that was I was not aware because >> what are you talking where you have stated that you were not aware of this particular order of >> 277 2018.

[01:06:23]Show us that you were not aware of 27 order.

[01:06:28]>> Lord may kindly have a glance to first paragraph of the order itself at page 14.

[01:06:35]>> Yes.

[01:06:36]>> A soalos notice was issued to him. He replied to the so notice >> he appeared.

[01:06:41]>> Yes, he appeared and he and he >> Yes, sir. You Mr. Mr. uh >> the No, no, Mr. D.

[01:06:51]>> Mr. D.

[01:06:52]>> Yes, sir. You tell me, you tell me whether this order of 2018 was duly communicated to him.

[01:06:59]>> Yes, my lord. No, it is very from the order.

[01:07:03]>> No, that is why that is why that is why I'm please I am asking a question to Mr. Das.

[01:07:13]>> Yeah lord the answer my lord my answer is at page 15 page 15. Thank you a lot.

[01:07:18]May kindly see the memo >> at the bottom.

[01:07:22]>> Memo number 2042 dated 277 2018 copy 2 uh uh the petitioner's name that is >> was it was it was it sent you just show that you may have but uh have you actually sent or dispatch?

[01:07:41]>> Yes, ma'am. that that I I'll produce that >> please because he has taken a specific plea in paragraph 4.

[01:07:48]>> I'll produce that.

[01:07:50]>> Produce.

[01:07:51]>> Yes. Yes. Go. The order passed by the by the competent authority. Okay.

[01:11:47]Similar.

[01:11:48]>> It's same.

[01:11:50]>> Same. Yes. Similar.

[01:11:52]>> Yes.

[01:11:59]>> I'll give 19.

[01:12:00]>> Item 18.

[01:12:01]>> May it please. Your lordships. Well, this is a repetition for extension of the mining lease. Your lordships have passed similar orders.

[01:12:08]>> 64.

[01:12:10]>> Yes, m 64.

[01:12:12]>> Yes, mates. May I share the order on the screen?

[01:12:14]>> Yes. Yes.

[01:12:17]>> Yes.

[01:12:24]>> The screen sharing. Give the screen sharing. The lease lease holder of folks.

[01:12:32]No m this is regarding the opinion.

[01:12:37]This is regarding the penalty of four mess.

[01:12:42]>> The penalty imposed by the petitioner by the mining office of meots under section 51 mess.

[01:12:49]This honorable court has passed the order in Sashank state of mess.

[01:12:55]And the second round is that I have not been provided with that drone survey report. Malo >> what? No, no opportunity of hearing was provided to me. Melods, kindly glance on page 50. Melot, >> no sir, we can only interfere with the penalty.

[01:13:11]>> Yes.

[01:13:13]>> No. So notice was being issued to me.

[01:13:16]>> No. No.

[01:13:18]>> For a moment, can you have a glance of page 50?

[01:13:24]>> Page.

[01:13:25]>> Page 50. Melo.

[01:13:27]>> Yes.

[01:13:28]>> 50.

[01:13:30]An amount of 2065 fourth line one an amount of 2065.2 cubic meter of excavator within the lease area and 5695.85 85 cubic meter illegally extracted from the outside of the le area. Melons kindly give a glance with page 50 40 meloss I have been allowed mess page 40 melons 40,000 cubic m of sand melons I haven't extracted oneth of that area melons one10th of the quantity that has been assigned to melons I have only extracted two with with all the humility which I say the difficulty here is >> yes ma'am >> that your reading is something else.

[01:14:16]Your prayer is something else. Argument is absolutely different.

[01:14:25]Anyhow penalty we can interfere back to the I would not this ground number ground number F at page 10.

[01:14:54]Yes.

[01:14:59]>> And opportunity of hearing may be granted.

[01:15:02]>> Where is the provision?

[01:15:05]>> Only E will suffice only penalty.

[01:15:13]>> That is what I'm saying.

[01:15:14]>> Yes. Now he's expanding it.

[01:15:23]>> Mal, no drone survey report has been provided to me before imposing penalty on the petitions.

[01:15:33]>> Nothing has been supplied. No materials has been supplied to me. in focus system on the annex 3 they issued a letter that the drone survey would be conducted on 31 2026 malots then on 121 2026 they supplied me a demand notice mess without giving me opportunity of hearing I've never placed my >> where is the where is the ground that you have not been provided with you are focused only on uh 51.

[01:16:07]>> 51.

[01:16:09]>> Yeah. Focused only on 51. Rule 51.

[01:16:14]>> Yes ma'am.

[01:16:17]>> So that's why >> page 11 page 11 H mess that >> huh >> the drone UAV DGPS and image data processing techniques were never provided to the practitioner meal.

[01:16:37]Ground number H my was it the not notice?

[01:16:45]Yes mother >> that they have uh uh assertained uh from that drone survey.

[01:16:56]>> Mal actually no drone survey report was being supplied to me.

[01:16:59]>> Sir where is your notice?

[01:17:03]>> Notice is at age 49.

[01:17:06]>> Then how could you make uh this allegation that drone drone reports were not given? Page 49 last line. Page 49.

[01:17:15]He's requested copy forwarded to Panko Niranhandr and Swami Chakravati in respect of Amber Guruchi Devok Kadan and Sandpuri for information necessary action is requested to remain present during the drone survey work and deploy the representative for the officer work on 31 2026.

[01:17:37]I was present my lords but no drone survey after that they have issued the demand notice on annex of four mess 121 2026 >> but the drone survey was conducted in his presence only they have never supplied me any documents nothing has been provided to me that is my no report nothing no so notice why I shall be penalized or I was provided with 40,000 cubic meter of sandals. I have only extracted 2,000 cubic meter of sand. 2,000 sand.

[01:18:40]>> Mr. Council, when you received this uh annexer 4, >> yes my s, >> have you >> I made a representation under annex 5 >> for supply of that.

[01:18:59]Have you have you ever demanded from the authority concerned for supply of those documents?

[01:19:08]No man then if you don't demand where is the question of consideration >> his case is that somebody who is stealing there from he is not stealing that's his case it is not a case that it has not been extracted simply says that somebody else is stealing it >> that is our file >> yes m so so humbly pray that let the matter be reminded >> you have asked for an extension The extension was pending and this is a case after the expiration of the period of the lease. So we will not think is a penalty nothing more than that.

[01:19:51]>> It's a brain >> only penalty nothing more than that.

[01:19:57]Yes mattered after vacations I will satisfy your logic instruction whether he has any request for to supply >> sir you are taking a stand which is your unbelievable stand >> as as reflected >> somebody will steal you are still seeking for extension that means you are still trading the control >> no no my >> no sir then you do it file the counter epidem You disclose everything Mr. disclose it. One week, two week after 3 weeks.

[01:20:37]>> Yes.

[01:20:39]>> 20 may please. Your lordship, your lordship, I'm praying for extension of lease period for the period that the petitioner could not uh operate uh due to reasons beyond his control. Your lordship, your lordship beyond his control.

[01:20:52]>> Your lordship first is the uh due to administrative reasons. your ship as the uh department was transferred from revenue department to uh the steals and mines department >> 64 >> 64 >> yes >> 21 is also similar >> 64 same >> item 22 >> pleasure item 22 the petitioner essentially questions turn to page 44 Fourth will find that here MSTC has issued this email to the petitioner who a trader trading license under the OMTS rules and has the right of participating in every auction conducted by OMC for sale of iron or lump and fines suddenly this MSTC which >> is restricted to a end user industries not to a trader >> that you will Yes. Right. So if you look at the relevant rules, I am a trader license. License of a trader license under under definition 2s read with rule four and seven and corresponding schedule. I have a right to purchase iron on the basis of license. I have a right to participate in auction and if just see page 19 just see page 19. Page 18 is the auction sale notice 19126.

[01:22:15]Here buying the same OMC and MSTC.

[01:22:18]Kindly similar page 19. Traders shall be allowed to take part in the national e auction for all grades of iron.

[01:22:26]This is January auction then kindly see please 28 my lord February auction equally I was allowed to participate February auction let's not our participation is in the interest of revenue to the OMC larger participation larger competition and it will generate revenue for the OMC now you >> where is the imped a option notice >> the the restriction is there now the e option the notice they not published the option the manner they conduct is they do not publish a e auction publicly.

[01:22:59]Notice they send mails to us regarding auction of a particular quantity of iron ore and on the basis of those emails only restricted to traders we participate. There is no publication of notice and and we bid we we we bid at a higher price even 140 150. Now end us with end users will reduce it to 1995 but it is a loss to the state organization itself. It's a not only loss of revenue to to to our prejudice this not they kindly see page 44 they have restricted they have completely prohibited us from participating in the option we were participating >> where where where >> kindly page 44 >> page 44 not so grateful page 44 >> yes >> kindly see this is >> for OMC >> but the OMC I have to take notice OMC uh Please give a notice.

[01:23:57]>> One is to disob.

[01:24:01]>> Can you give a notice today?

[01:24:03]>> Yes ma'am. Today I can give it. Today I can give it my >> give it give a notice to the uh to the OMC item 23 mallet may I please this is a matter where the query was initially granted by the Puri temple administration for a period of 10 And while subsequently when the power was sifted in the year 2024 from the Jagat temple to the mining officer but in 2025 but in 2025 my lord the Puri Jagana temple after sifting the power has canled my lease my lord when the authorities with the mining officers the impute order is passed by the subcolctor for the puri jagat temple that is at annexure 9 my lords annex chure 9 page 68 of the brief.

[01:25:06]So a notice has to go >> respondent the opposite party number opposite party number five and 6 month >> yes okay one week after >> 24 year lordship I'm paying for extension on the on due to the nonoperation NG order your lordship one year 3 months 64 Yes.

[01:25:37]Item 25 item 25 after depositing all dro my case was recommended for registration of the query release me under an extra date but thereafter the authorities it was recommended on 26th1 2025 but they are not registering for which I'm unable to operate the query block.

[01:26:03]>> Yes. Who is appearing for the state?

[01:26:05]>> Mallets. I'm appearing Millets.

[01:26:07]>> So why are you not doing it? If he has completed all the conditions >> when he was declared the highest bidder and he was required to submit all the documents he had not submitted the bank guarantee uh Millets uh on fulfillment of all terms and conditions. Secondly, the EC he obtained 4 years after the intimation that he is the highest bidder. Thereafter my on 29th 11 >> the authority if the authority took time to issue a then who is responsible has he not applied immediately thereafter he had applied but my it was only granted on 11th March even that >> then who is who is responsible for a delay how can you make him responsible for a delay >> no my even if my admitted that he's not responsible my he had not submitted the bank guarantee my >> where is the contention where is the stand that he has not submitted the bank >> this is as per the instructions which I have received mys and I have deposited everything there >> please come to page 37 and 8 is a mining officer who is the competent authority Please read very small letter then justify the stand of bank guarantee.

[01:27:34]>> Yes my after the after the letter of 2611 mitz another recommendation was sent by the mining officer on 29th 111 to the deputy director of mines to allow the extension of time and registration of the lease. Mile is the deputy director of ME's wide letter uh dated uh 22nd January 2026 rejected uh rejected the prayer for extension of registration of lease.

[01:28:02]>> File your file your file your affidavit disclose those facts.

[01:28:06]>> Yes ma'am.

[01:28:07]>> Now go uh the instant petition is filed seeking for a direction upon the 56. My lord, the petitioner herein is a ley of iron or mag.

[01:30:53]Now my lord for the iron ore the penalty was imposed to the tune of 11 crores. My lord 100 more than 100 crores. Well my lord by honorable supreme court judgment it was assessed and my lord it was found that iron ore was a legally it was extracted legally and the for the iron ore for the penalty the iron or the sale of the extracted iron or will be sold minor. Now with regard to manganese or minor that is that is nothing with regard to manganese or should be sold to recover any penalty minor. So penalty is with regard to the iron or minor but with regard to the extracted manganese is over my lord there is no penalty as such. So my lord for in in that regard my lord we have written number of letters to the authorities and finally my lord annex 7 my lord may see 114 my >> yes >> is the on 710 2023 my lord 3 years back the deputy d the the deputy director of mines wrote uh joint director of mines wrote to the deputy director of mines to uh uh to to give a specific views as to there is any uh to why that manganese or cannot be transported.

[01:32:09]>> So what what happened? It says on the representation give your views. But yes my lord after that nothing has progressed nothing has come to the four my lord I'm still that magist or is there my lord now it has >> what is this what are you doing why the deputy is not taking a decision >> my as per the common cause judgment while it's >> I understand it is according to him it is >> madam kindly consider if the demand the demand or the penalty whatever is assertained on the basis of an iron Yes.

[01:32:43]>> Can it hover around to a maganese or >> because you have to make a you have to make the quantity may be different. Many many factors may come. So he has already approached the authority. Authority cannot sit tight over it. He's not challenging >> only the common cause judgment since only allows for dispatch of iron orelets and not manganesees or therefore currently only dispatch of iron ore is being allowed. Secondly, my the lease period has expired after completion of 50 years my as per what instructions that I've received from all the demand the demand remained on him even if it is it expires that the liability to pay the the penalty or whatever that remained on them. So will you not determine the the the the liability part? He says that cannot be imposed in this way and you can't recover it.

[01:33:39]>> Then my representations then may be heard in presence of the petition.

[01:33:44]>> This letter was written way back on 710 2023. Now we are in 2026 more than 2 and a half years practically have elapsed.

[01:33:54]>> Yes. But but given given the fact that the Supreme Court judgment is silent on >> will you sir madam will you not respond to that representation?

[01:34:05]>> Yes madam >> not on that supreme court judgement may be binding will you not communicate to him?

[01:34:10]>> Yes madam that ought to have >> you sit tight over the matter this is what is the irony and that invites a several litigations to pour in the docket of the court. Yes, mad >> sitting idle is not a >> no in all fairness the representation ought to have been considered mallets but that opportunity >> consider within two weeks you consider within two weeks.

[01:34:32]>> Yes ma'am >> consider it one thing more just I want to >> no more no more let them take a decision no more >> m so by giving us a personal year in mind >> yes two weeks they have to give 7 joint director deputy director >> that decision has to be immediately taken within two weeks >> item 27 >> may please man I'm challenging the penalty notice under anure 5 page 30 anure 5 page 30 kindly >> oh 51 >> in this an appeal is also pending before the deputy director minds Melod >> there is an appeal pending ballot.

[01:35:21]>> Yes. Then you once you have approved let them decide it. Me your may kindly say within two weeks >> it may be within two weeks we are saying >> it's four weeks time minutes because the notice >> it is it is already pending since for the last two months they can dispose it off within two weeks. Within three weeks average 3 weeks two weeks you say four weeks you say three weeks.

[01:35:43]Great. Appeal appeal the affate forum has already been approved >> against the demand in five appeal has been filed 7 >> seven >> that is stated to be pending disposal >> disposal within Item 28 28 lordship in it is a small request lordship to deposit the entire secret to money lordship in instead of cash it is bank guarantee it can be >> what is the what is the rule it can it can be hard after vacation to the lengthy hearing is required. I want to >> yes item 29 my pleasure. This is regarding the 20% EC and the mining plan.

[01:36:55]>> Yes. What is what is the law?

[01:36:59]>> Yes.

[01:37:01]Mining plan mining plan is subordinate to EC that your lordship last occasion section 87 of the common cause judgment.

[01:37:10]your lordship have gone through. But what I pray this matter requires a hearing and here we are also required to file a counter affidavit. Your lordship may keep it immediately after vacation so that we can file the counter affidavit and if lordship can hear because that issue has to be decided because this has this matter has implication over other matters also.

[01:37:31]May I pray let it be taken up after vacation so that we can file the counterp.

[01:37:37]Well, sir, I have no objection to what my learn friend says. Subject to one small request from my side that pendency of this repetition should not be a reason for stopping my NDCC for years together because >> No, it it it is not for years together.

[01:37:57]the demand order has been issued and the difference of EC basing on the difference in the EC limits permissible limits in the EC and the amount of mineral extracted but on that the demand notice has been issued so let him also deposit >> difficulty is because IBM now IBM has to consider it they have considered they have permitted 10% initially then enhanced to 20% thereafter after now what would be the impact thereof that has to be considered. Mining plan may be subordinate to EC but again the decision which is taken by a highest body that is the statutory body also >> regional authority has taken a decision that is under >> yes so that is to be taken into account that what would be impact thereof >> yes ma'am >> this 10% difference whether that can also be inbuilt into it that's the only thing into the also that is that is the only thing that is the only issue my lord That is what is there.

[01:39:10]>> So what is the role? What what counter you will file? You can agitate it. Oh, you want to file keep it on uh which is a day after the reopening.

[01:39:21]>> That will be I think 22nd.

[01:39:23]>> No, no, 22nd. We are these matters are listed when?

[01:39:27]>> 23rd. 23rd by 22nd >> counter by 22nd to be listed on 23rd at the at a specific >> and if you lots can grant us that indulgence to approach for the MDCC if they can consider it because otherwise >> what is what is that >> Lord that mineral whatever has been extracted MDCC meot that clearance certificate so issuance otherwise without that MDCC clearance certificate We cannot transact with the or before the port or anywhere no transportation nothing everything has been stalled we will deposit but not subject to loss since 20% of the demanded amount to show also >> let them deposit 50% then >> but issue has to be decided we have to show we have to do business we can't >> immediately not take it upately after vacation >> run our business also >> no No, Mr. Nando is also correct that after all it's the running of the business. So what uh what more uh Mr. Das you also take instruction Mr. Nondo you also take instruction the modalities of payment as an entry measure >> before the before the honorable before the honorable >> keeping it physically we will be available and you come uh >> as as your as your >> tomorrow keeping this matter if it is only for this purpose can be kept on the top of the list so that within five minutes it can be that >> yes then the matter can be heard after vacation Yes. DP item number 30 or 31 item 30 come to pay 17 this issue already decided by this court 13 and 142 paragraph is very important >> after 2022 does not have a powerful page 18 Where is the order imped me that who has passed an order straight away the direction of the very specific lordship to pass order by granting reasonable opportunity of hearing to me lordship they have not intimated any anything lordship This officer stat has passed this order by forming a committee and has recommend only we came to know by >> Mr. The uh order which is impuned >> 9 officer >> annex 9 that is 95 >> 95 that is passed by mining officer >> no no he sending the committee getting the language with reference to subject cited above as pered 16 to 25 of Orisa WPC number such and such a committee has firm to take fresh decision on the auction process of Digi to Sandbad and committee declares S Gan Simmons as the highest bidder and his the proceeding and the copy comparative statement are attached here with further kind necessary action and this never intimate to me only this piece of document I got only by filing a cab by the opposite party I did enter the director 10 11 the director sending a letter to Mining officer please supply those documents the ministry directors and directorship and let's kind of see one document that I am the highest reader that is let's kindly see page page 49 let's see page 49 of the brief 49 serial number three let's see page 49 no that report that report has been furnished to a joint director >> we don't know that that to me >> miss Das on the basis of the representation the joint director has taken a taken note of it and has approached the the the deputy director of mines to you please furnish all those details have he has he furnished >> my that instruction do I don't have my but I have the proceedings with me my Kindly come to page 100.

[01:45:04]>> Yes my I've seen that that joint has he wanted a clarification all these things.

[01:45:12]Yes mus but my >> opportunity of hearing is given or not verification of the eligibility everything has been done >> on in all fairness myas opportunity of hearing has not been given in this matter my lords the documents were perused by the committee my lords and after perusal of the document the petitioner was not found suitable because he had given one solveny certificate for various tenders my hence his bid was rejected and the successful bidder was called upon conditions that he cannot give uh the same solveny certificate.

[01:45:47]>> Section 27 um rule 274 subclass four mile of OMC rules.

[01:45:56]>> Yes, just one minute.

[01:46:01]27 >> subclass 4 Roman 4 my lords >> m I'll read four and then subause >> rule 27 >> yes my lords grant of uh sub clause four >> uh >> it reads that subject to other provisions of these rules for settlement of the query le >> I'm getting a getting a older book I believe no but 2026 book you are you reading a older book >> uh I'm reading a 2024 book.

[01:46:33]>> Uh that is the whole problem because in 2026 >> 27 has been substituted >> substituted completely by >> 2025 >> 2025 madam.

[01:46:47]>> Well let's uh >> on 28th of November 2025 it is substituted.

[01:46:53]I >> if I may be given I'll just uh see it on my on the website once.

[01:47:00]But they have also in the report milux proceedings they have referred to 274 subclass 4 mile >> but in in in in the new one there is no subclause 4.

[01:47:13]I think they also relied upon the older provision which is uh >> director secondary >> the director of minor minerals shall have to conquer in at least 10% of the cases approved by the controlling authorities within 10 days 274 it is something which is absolutely a minimum guaranteed quantity.

[01:47:52]Mr. Don't keep quiet or what my answer can come to page 49 for a moment. Page 49 of the brief. No, no. 49 of >> 49. My brief 49.

[01:48:07]>> Yes. 49. See this is a proceeding 278 24 p 49.

[01:48:16]>> Yes. virt no about about this provision of law.

[01:48:32]>> Yes, I I will answer. I will answer come to lordship. I I declared the highest bidder then come to pay 70 for women. What the >> 70 or 17?

[01:48:48]>> 17 l 17. Your lordship last two paragraphs 17.

[01:48:59]>> Yes.

[01:49:00]>> Lordship par 13 for two small paragraphs on regul is neither competent nor assumes the power powers after the amendment. And but it appears that there has been a correspondence by the mining officer.

[01:49:15]>> No no no I'm coming to the let me complete only two small paragraphs >> and therefore the decision of steps taken by them in issuing the said in notices or taking any decision subsequent there to are without judicial and cannot be sustained in of law. Then the tolerant is directed to transfer all the records to the mining department and the company authority under the amended rules 22 shall take fresh decision after othering the principal justice within 4 weeks from the date of the communication judgment. So Lord had it in their case that my servants are defective. They should have been called upon me to external lordship. Once you declared me L1 I am ready to lordship perform the contract. At the same time you come up with a resolution by the incompetent authority. Your lordship was that order.

[01:50:03]>> I understand sir take a fresh decision.

[01:50:05]I understand then that they have taken shelter under a particular provision of the rules.

[01:50:10]>> No that is complete.

[01:50:14]She is saying that solveny certificate can only be used once.

[01:50:19]>> Yes, I have used once. Multiple >> I have used once.

[01:50:22]>> Asking where is the provision relating to this provision?

[01:50:30]I don't know what step what question is they have taken lit that is unknown to me.

[01:50:36]>> Now she's taking it is unknown to you.

[01:50:38]What are you talking?

[01:50:39]>> No no they never supply to me. Let's not enter case. is Das is taking the stand that you have submitted one solveny certificate. Yes, >> covering multiple he says that it is not permissible.

[01:50:55]>> No, it is permissible. If it is within a provision, there is a provision which talks about the solveny certificate and the restrictions created. I just wanted to look at the provision sir.

[01:51:11]Lordship they are referring to old rules 274 they're referring to old rules lordship may read 274 what are the language of lordship a salvent certificate or a bank guarantee valid of 18 months of an amount of less than the amount >> you are also referring to old book >> no they are referring I don't know what they referring only available it is old rulership new rules that is not available >> under new rule What is the provision for submission of this solveny certificate?

[01:51:45]>> That solvent certificate can come new rules.

[01:51:51]>> So what what what they reading? Let us see. Yes. What are you reading?

[01:51:55]>> The new rule book is there >> the new rule. It is 277 millets.

[01:52:01]>> 277 >> seven years.

[01:52:03]>> Okay.

[01:52:06]>> 2774 miles.

[01:52:08]>> Yes.

[01:52:09]Income tax return of previous financial year showing annual income for amount not less than the amount of additional charge for the minor mineral offered and the royalty payable for the minimum guarantee quantity for one whole year a bank guarantee valid for a period of 18 months for a amount >> different but here this you are talking about solveny certificate >> solvent certificate >> you are reading this is not a solveny certificate >> this is what they referring to the solveny certificate my >> no there is a language which is used he He was he was reading the stolen sey what is the provision Mr. Old lordship in old lordship 274 lership.

[01:52:47]>> Yes. What >> a certificate lordship. A solvent certificate or bank guarantee valid for a period of 18 months of an amount not less than the amount additional charge offer and the royalty payable for minimum guaranted quantity of one whole year and a list of removal properties from the revenue authority. This is the requirement under law. So if that everybody has one solvent certificate lordship it comes within that perview he can use that solvent certificate in different particip participation lordship so that solvent certificate within that limit lordship so my I my solvent certificate never lets me cross that limit that is my within my limit that's why they have selected me now this committee lordship after lordship's direction they have reversed that >> then I do not find any prohibition that he cannot how authority He arrived at it from where they got it.

[01:53:42]>> From where they got it. Madam madam, >> they should tell me to >> where they got it.

[01:53:47]>> If I may just read the instructions which I have in front of me.

[01:53:50]>> Madam, the instruction must be in conssonance with the law.

[01:53:54]>> Yes, they give you an instruction when you have a occasion to read the provision of law. Will you will you will you uh be able to satisfy your own conscience?

[01:54:06]Yes my lords that what they seeing is in accordance with law. Yes my lots my here what had happened my lords here the solveny required was approximately 2.54 54 my if I may refer to form M uh which is annex to the old book mile it refers to solveny certificate miles >> correct >> so here if the amount required was approximately 2.54 and he had given for 2.54 it is it was found out by verification of document that the same to solveny certificate he was he had used in other uh sand >> madam please I am I'm believing that I am breaking my head before a solid rock wall who is unable to respond I am simply asking you if there is a solveny certificate which he has issued showing that I I am solvent to the extent of this where is a prohibition or a contention or a provision that once Once you have used it for some other purposes, it will be reduced gradually by virtue of a quantum and therefore you cannot use it. Where is a prohibition?

[01:55:19]Where is a provision? Tell us. Can you see innovatively done?

[01:55:24]>> No m there is no direct provision. Only thing which >> how can you how can you declare him invalid?

[01:55:31]>> Only reason my if I may read that >> you can't you can't act beyond the perview of law. No, that's all >> only 274.

[01:55:40]If I may read once again the action of a authority who does not know or do not have a care to respect the law. No ma'am if I just may read 2744 for my satisfaction >> read that >> income tax return solveny certified which sir >> no madam you can't because this was done at a point of time when this amendment did not come amendment came on 28th of November 2025 you have to follow the un amended rule which was there at the time >> yes my lord >> now this un amended rule Mr. dollar read it talks about a solvency certificate and does not contain any provision relating to multiple use of that solveny certificate I am asking you very simple question there is no specific barots I agree to that >> if there is no bar can it act against him to his detriment I'm asking >> my only reason this clause is referred is my what that solveny certificate will show What is required? It will show that uh annual income for the amount not less than the amount of additional charge offered and the royalty payable for the minimum guarantee quantity for for one whole year my lords. If he does not meet that requirement my lords then he will not >> you say if he if he says that look this is my certificate this meets the requirement for a whole year it may be that I have used this certificate for other where also I have shown my solvency please consider I think uh I am unable to match the frequency of mind with you the provision does not say that there will be a pro on a on a the the reduction or there will be a deduction of a particular amount.

[01:57:39]Now the question is again I'm saying if somebody has a solvency to the extent of three crores he has used this solveny certificate for obtaining securing that royalty for another p purpose or another sand mines whatever to the extent of two crores.

[01:58:00]Again he says that look I have a solvency for another period of say say for 2 crores also because it is a 3 cr.

[01:58:10]If the authority say that I will deduct that particular uh the amount from your solveny certificate, there must be some rule. There must be some provision.

[01:58:21]There must be some kind of a the the go or a government circular government order. There must be something can an authority overnight he will say I will do it. No mallet it cannot any authority of law mallet only mallet if I may refer to >> I appreciate what you are saying but there it must be backed by some document there's nothing >> there's nothing rule does not prescribe >> so mallet if he does not the only uh respectful submission is that if he does not if has that much solveny for the conducting the sand query then he will not be able >> madam you are talking about whatever the solvency certificate which has been placed before you there is no provision that he has to disclose.

[01:59:10]>> No, there's no provision.

[01:59:12]>> There's no provision.

[01:59:13]>> Then from your sources if you have got something can you act to his detriment?

[01:59:18]>> Well, it's in the same beds in the same area. It's Dha one and Dha 2 mils. In Digha one he had used the same thing in Dha 2 also he had said well it's page number 44. Initially tessel had also issued >> probably probably I think it's my incompetence to to to to percolate what I have said >> well I understand >> the fundamental principle of the administrative jur jurispence is an individual can do anything unless prohibited by law but an authority cannot do anything unless provided by law.

[01:59:53]You can act within the presence of law.

[01:59:56]Tell me where is the exercise to be done. Provision must be very clear. I am asking you. The provision does not say anything. It says the solveny certificate containing this in a prescribed form is to be submitted which he has submitted.

[02:00:14]>> That is correct.

[02:00:15]>> No prohibition. There is no restriction.

[02:00:18]You have of your own will device. There is no government circular. There is nothing.

[02:00:26]I'm asking this question. I unable to percolate my mind to you.

[02:00:30]>> Well, it's I understand but this is >> you are still singing in the same tune because your authority has given you instruction. Well, it's page number 44.

[02:00:39]Milots, initially shockers was also issued citing the same reason. My page number 44 by >> can you issue a is there if there is a mandate that you cannot hide it or you have to disclose it. If they have not disclosed it, I can very well appreciate that you can issue a notice.

[02:00:59]When there is none then whimsically you will issue a so's notice.

[02:01:10]Is it not really furthering or or giving impetus to some kind of a favoritism or a nepotism?

[02:01:20]You want to eliminate the highest bidder by hook or crook taking whatever the steps not permitted in law beh then the floating attender inviting a the the bets the lowest price highest price the concept is the fairness transparency everything you are eroding it by virtue thereof taking a plea which is not permitted in law, not prohibited in law, nothing.

[02:01:55]No matter this can't be done.

[02:01:57]>> It's here the um after this um >> show us show us the law that you can take any any any decisions the conditions of the tender the provision of law as you think fit >> you will do it.

[02:02:12]>> No mad that is not my submission.

[02:02:13]>> I will be very happy the whole country will run in this way. No mad the only thing is that sir >> what are you talking this is not a law you should respect the law you should act within the four corners of the conditions which you have put you can't travel beyond it >> yes or no >> let's hear opposite party number six has uh actually matched and given higher quantity now mallets after this difficulty is the difficulty is there are two or three ways of doing Yes ma'am.

[02:02:47]>> One is that if you have invited the bid then whoever has quoted the highest price you'll have to give him. If you have also taken a provision that the negotiation has to be taken place because you do not want the entire big uh the the contract to be given to one then you can invite a negotiation to a higher second bidder but whether you want to match the highest bidder I can appreciate this but there must be something in the in the tender document itself there must be something in the in the in the statutory provisions you can't do it in this way And when you can ask for S2 when the H1 has either declined or refused to do it then you can call the S2 there's >> a lot of way yes we are coming back and then dictating it now it is 1:30 dreadfulness.

[02:03:42]>> Yes.

[02:04:27]I think item 30 or fix it to before passing order after lunch.

[02:04:32]>> Yes, I will do it dictated. Don't worry.

[02:04:35]>> I'll just take I'm appearing for OP number six. I'll just take 3 minutes.

[02:04:40]I'll not take much of an office time.

[02:04:42]>> Where you sir? where you were >> I'm so sorry my lad in fact there was a motion for Passover being made but I'm so sorry that is I couldn't attend >> only I'll not take much time only 3 minutes >> what what for everything has been heard >> no I'll just ask >> thing is we wanted we wanted a single question >> solvent certificate the rules are there whether you can innovatively devise something which is not provided in the law >> no I I'll answer exactly That point.

[02:05:14]>> Yes. What is your answer? Tell us so that we will dictate. Just wait 31. Just wait for 31.

[02:05:20]>> Yes.

[02:05:21]>> Yes. Show us the law.

[02:05:24]>> In fact, the the tender notice was of the year 2021. Mad.

[02:05:29]The tender notice of the year 2021.

[02:05:32]>> Yes. There was a old act. There was a old act rule 2744 was invoked.

[02:05:39]>> Yes. 5744 does not create any kind of a mechanism that once you have used it will be deducted and it will not be used for any other purposes. Where is the provision 2744?

[02:05:54]>> I'll just I'll just read that is the in fact by taking >> it was read it was read twice twice you can read for the fourth time again fourth time read it what it says. I'm sorry valid I'll not repeat val but I'll simp I'll simply upon lordship that the ballad the committee in fact rejected his application only on the basis of 2744 mad >> by saying that whatever salvage certificate he has given me that was for a particular sat and that salvage certificate could not be used for subsequent silence >> where is the priision show us only >> there also privation There is no prohibition. There is no mechanism.

[02:06:37]>> Otherwise then 274 there is no other provision.

[02:06:40]>> Then then that is how they have interpreted. Get it done.

[02:06:45]>> Can it can you take a recourse which is not provided in the rule or go any kind of a government order government circular I can understand anything. You show us nothing is coming out.

[02:06:58]>> How the authority can pick and choose?

[02:07:02]Can can I read it again?

[02:07:04]>> Please read it. Read it for yourself.

[02:07:09]>> That says sub subject to other provisions of these rules for settlement of the quarry lease. The intending applicant may apply to the competent authority and a sealed cover for the grant of quiry lease for such area or areas in form M triplicate accompanied by the following documents. Then four Roman.

[02:07:29]>> Yes, please. A solveny certificate or a bank or bank guarantee >> valid for a period of 18 months.

[02:07:37]>> Correct.

[02:07:38]>> For an amount not less than the amount of additional charge offered >> and the royalty payable for the minimum guaranteed quantity >> for one whole year. So it says a servant certificate.

[02:07:54]>> Yes, I have seen this proposition. I know uh and I have taken a decision I have delivered a judgment in Kolkata high court. What is the impact of it?

[02:08:04]So, so I'm grateful that is I just take a leaf from your book just to say please concern GP GP Singh's statute the the the interpretation of statute where one particular topic has been dedicated there for E and and the and that that is the reason I'm emphasizing upon the word and and the decision taken by the authorities because that amount of two 2 crores 59 lakhs is inadequate pilot for the purpose of pilot No, it is adequate as per the format.

[02:08:39]But they say that since he has also applied the same solveny certificate in another. So on that basis it is less from where he got it. I just wanted to know.

[02:08:55]>> Accepting this in fact the clarification ought to fall from the government. But I can only say >> that is what I say. There should be a clarificatory note. There should be a clarificatory government circular order.

[02:09:07]I ask there is none.

[02:09:11]>> Can I just can I just not say one sentence and conclude that one sentence is valid? Then then the entire process will become it become will become oious for the simple reason but the solvent certificate of one particular amount one can operate in five six queries.

[02:09:30]>> Sir there is no certaintity that he can he can be adjusted as the highest bidder in all. Kindly consider the flip side of it. No, it is it is cutting it.

[02:09:41]>> Please consider if he has applied for five, he may be he may not be highest bidder in four but he has applied for others. So fifth also becoming a highest bidder he has to be thrown out. Is it a correct way of understanding sir >> that is equid the only thing is >> you'll have to see both the pros and cons >> equ distribution and giving opport opportunity for all that is what isable where is a retable calculation there's nothing just imagine that only it talks about there cannot be multiple solveny certificate it has to be one solveny of a person is an individual Can he say that my solveny in this tender is more my solveny in another tender is less? He has a similar uniform solveny.

[02:10:33]Now the question is that if he has applied for four and it appears that in three he is not an highest bidder. He is not awarded but he a highest bidder in a fourth one. Then what would happen sir?

[02:10:47]since he has applied for others so he will not get it and he will be disqualified here sir that is I think unreasonable unthinkable sir >> I simply s just to do away with just to do away do away with >> no sir on the day on the day of his application sorry I I don't think so on the day of his application he has to >> that is all I impress upon I'm not sure >> that is what we put a question to as well as >> my I have placed the proceedings with the records for your lordship >> understood that you have taken taken a decision. Let us understand that what is the the law. We do not have the un amended copy. We just wanted an amended provision so that we can quote and then interpret it.

[02:11:48]>> The old one un amended. We have the amended one >> because this has been amended the entire rules 27 in 28th November 2025.

[02:11:57]>> Yes.

[02:12:00]All this all this aspects being argued because this entire tender process emanated in the year 2021. That is why >> so the law which was prevalent at that point of time has to be understood.

[02:12:12]>> Yes. Exactly. Exactly.

[02:12:13]>> That is what we wanted. We don't have a book. We are on a virtual mode.

[02:12:22]>> Yes. 31.

[02:12:23]>> Bless you. My lord. Uh here my lord last code directed that to take state to take instruction with regard to my transportation of moles. Madam here my in in this matter I have received instruction that earlier he has file an application for information for transportation of mas that has already been rejected recently on 224 2006 to 2026 that rejection order has not been challenged. There after again another repentation and filing of this reserve the present application and the original application is still pending while led directed for dep of the entire amount which demanded has been made against him. Yes, deported the amount before the rest of this honorable court and mud. It is to be decided again after rejection another rependation and enclosing the rependation the present relication has been filed and the relic application the prayer is made to grant the permission for transportation. He want to procure masses. He wants to procure masses without having any license. License is a mandatory in view of rule 34 of the exercise rules. Yes.

[02:13:45]Okay.

[02:14:04]Yes my with regard to rejection my lord I don't have any instruction 32 great pleas.

[02:15:29]The matter relates to establishment of one PHC that is primary health center.

[02:15:33]What is what order you sought to review?

[02:15:36]>> Is that an extra one of the review section?

[02:15:41]Space 7. The relevant page is page 9.

[02:16:04]Yes.

[02:16:06]Let's see. Page four, paragraph five of the review.

[02:16:12]>> My humble ass is that it's not a whole review.

[02:16:15]>> Oh, just just one minute. Let me first understand from the peta.

[02:16:23]>> Yes, we have gone through the order.

[02:16:26]What is on what ground the review you have sought for?

[02:16:31]lot of the P was dismissed in a mechan in a mechanical manner.

[02:16:37]>> So that is the review. That is the review. You were whether you were an arguing council.

[02:16:44]>> No sir.

[02:16:46]>> So why not the judgment of the Supreme Court in AIA 1997 Supreme Court 1000 five or a six be applicable?

[02:16:57]>> Five. One.

[02:16:59]Why it is not applicable sir?

[02:17:04]>> May I kindly post it to after vacation and go through the judgment?

[02:17:07]>> Yeah, please go through the judgment.

[02:17:09]>> Obless.

[02:17:10]>> You have not taken note of it. Please take note of that judgment.

[02:17:14]>> Obless.

[02:17:15]>> You have not written it.

[02:17:18]What judgment you will go through? Uh 1997 AI Supreme Court 106 >> five or six whatever >> 105 >> is on the prayer of the sir after vacation >> 33 the order passed in the repution number 139 of 2026 at page 18 is for review man.

[02:17:55]>> Yes. In this order there has been mentioned that the remedy challenging the order passed by the authority in >> the s what is why there >> there is no there is no provision of or there is no provision of >> to challenging this >> but can it be done in the in the pil in a in a rate of sorari I I'm just asking does it partake a character of P or it is a certary it is a virtual land what a court has held that is what a court has held.

[02:18:40]>> Yes ma'am.

[02:18:42]>> So there is no provision or division for that understanding. Are you not understanding what we want to say?

[02:18:53]I am simply asking whether the PIL is the proper remedy or it is a rate of surgery is a proper remedy.

[02:19:02]I'm simply going into madam as uh >> uh order passed on the statute can be filed in Ps I'm I'm simply asking one show us I will be after.

[02:19:40]>> Second question.

[02:19:41]>> Second question is sir, second question is can a court go into such aspect in a review jurisdiction.

[02:19:55]Tell me you a review application. Tell us what is the scope of a review?

[02:20:04]>> Milards have delivered a judgment in the case.

[02:20:06]>> No, you need not have to Mr. Mr. Tripati. You need not have to. I'm asking this question to the council for the British who has filed a review.

[02:20:16]>> Yes.

[02:20:16]>> It is a misconception that review is maintainable.

[02:20:20]>> What?

[02:20:21]>> As a misconception of law, it is the review maintainable. is a misconception where what is the misconception of law where you have stated what is the lawision?

[02:20:33]No no no that we have not said so anything that there is an appeal provision you have conferred under the statute and therefore not particular we have not said appeal provision we have not said any appeal provision >> the petition to pursue the challenging the order >> that is why say for an pro for an appeal before any appellet authority There is a remedy.

[02:21:05]Remedy does not appear to be a public interest.

[02:21:10]That is what we heard.

[02:21:14]Sure.

[02:21:17]That any order passed by administrative authority in his administrative capacity under this statute PIL will file will be filed simply on challenging that order.

[02:21:32]without any further impact on the larger public individual interest sorry the instant review application is 34 meal made chips.

[02:22:21]>> Melons here there was a company east coast fertilizers meal. Now this company became sick under the earthwika act my lords and where the government where the this honorable court had to hear on the question of liquidation and accordingly this court heard the matter and on 128 2005 mealots they directed this honorable court directed that the company should be liquidated thereafter my lot there was a direction to the official liquid liquidator of the honorable high court which is at ania 2 for selling of the assets of east coast fertilizers and chemicals limited in liquidation.

[02:23:10]>> But there are there are two judgments of the Kolkata High Court which I know that they you have to pay pay the stamp duty you have to pay the registration fees you have to if there is any transfer fees which is imposed you will have to pay. Exactly my lords that has also been specified in the sale notice my lords annex two at running page 80. So you are challenging you are challenging a transfer fees.

[02:23:36]>> I'm not uh this transfer fee my lords if your lordship kindly sees >> this is what you are challenging it.

[02:23:45]Yes, the transfer. No, your lordship will kindly see what I have to pay if your lordship sees an uh my lord's page 20 page 21 at paragraph 11 legal charges for conveyance stamp duty and registration charges as applicable is to be born by the purchaser only balance that we will we are ready to bear off >> that is what I'm saying you are challenging deposition of transfer fees But uh but >> but the chips may just see the in order >> the that is at le 10 at running page 59 lordship gets it. Yes >> my lords the other portions I'm not challenging my only I'm challenging this transfer fee which is not contemplated of anywhere >> who is who is appearing for go >> it go melot's notice has to go >> notice one week after the vacation >> yes one week after we have said one week after the vacation >> yes oblig OFC who is appearing >> OSFC again notice has to go >> also EP call also >> EP call also >> yes >> m everyone's notice >> except the except the government authorities >> the Item 35.

[02:25:42]In this case, the petitioner has challenged the illegality and impropriy of the ordered 32 2025 annex 12.

[02:25:54]>> In this case, the petitioner has challenged the >> page page page 12 >> page page 50 >> 50.

[02:26:10]This is also >> incom >> notice has to go to incom 1250 5050 this case is covered by cancel the lotment issue a notice you go there you did not uh you did not submit your the the reply to a show cause so they have proceeded expert >> I have I I have submitted my reply >> so just let them this has to go to Yes. Notice has to go there.

[02:26:42]>> Yes. One week after the reop.

[02:26:48]>> No sir. No sir. No sir. Cancellation has come.

[02:26:54]Yes.

[02:27:01]>> Call. 36.

[02:27:06]36. I'm appearing.

[02:27:09]If your lordship looks at page 81 21 later 23 2026 >> allo 8 actually asked me to serve a copy I had already served a copy on the retaining council but they say actually we can't accept because you have to panel of lawyers are there we cannot appear individually on the bas of the service of copy So now then what to do?

[02:27:40]>> I have to take notice on it and call >> EP call both >> again notice it is submitted by the by by by Mr. to be sure that the senior and they demanded a part of it. I have deposited 72 lakhs on the basis of their demand. After that was deposited, they revised the amount. So that is a subject matter of dispute. But when I charge say that you cannot revise it when you have accepted a part of it on the basis of which it has been accepted they called me that you appeal approach the appropriate authority for exemption. So I approach the appropriate authority while passing an order this annex 21 has been passed there we cannot accept but you are cancel the proposal to alert is canled without any notice without anything which they cannot do man they should have given a notice >> where is that >> pu an 21 page 81 they have received 72 likes may not have deposited. I also given the document page 21.

[02:30:41]The first paragraph you request for revision of the land cost from 75 lakhs per acre to 25 lakhs. It was originally 25 lakhs per acre for deposit. The cost and has not been considered by the management.

[02:30:54]It go as a revis and so cannot be reduced. Then he passes an order that is canled.

[02:31:05]Then after that what you did sir >> I I'm before a lot and interestingly a person who applied before after me same rate annex 22 LC same rate the revision rate was not made applicable to him and he was asked to deposit on 25 lakhs per acre and 22 This single window recommended both the units and interestingly deposited a part money as for their letters 55% right.

[02:32:16]of the challenges made to the letter dated 20th March 2026 issued by the by the IT core.

[02:36:34]37 please valance 37 I'm appearing this is for malard's fellowship remembers on the last occasion I filed a cons I I don't know and if I since Mr. Pal is not in town. I don't know how how it can be served on his office. Counter office is ready.

[02:36:57]>> I don't receive copies as you would also don't receive copies. So you can always hence it should not be served.

[02:37:03]>> No, not my office on the advocate record. How can >> advocate receive it?

[02:37:11]>> My friend should know that it goes.

[02:37:14]My only difficulty is malads.

[02:37:17]My only difficulty is meards that uh I need some kind of an in measure protection and some in measure malards in the event that the work order is issued my rate petition becomes infracturous and I am lower than the L1 bid by 28 K I've given an addition we are keeping this matter day after tomorrow and in the meantime you the advertent record should be served with the copy sir >> man sir Day after tomorrow may be a little difficult then have it tomorrow.

[02:37:50]>> Friday have it tomorrow.

[02:37:54]>> Friday my lord lot since the last working day.

[02:38:00]So maybe I can have I can have the copy picked up from Mr. Mohaj's office.

[02:38:06]>> Yes. Call tomorrow. tomorrow. Tomorrow >> 38 please my lords on the last occasion your lordship passed an order on 30th of April there's an income tax matter 148 my lords >> yes >> what what happens in this case my lords is your lordships had once already examined the 148 >> why why this matter is now listed before us there is already an entry order which is going on.

[02:38:39]>> Yes, melons.

[02:38:40]>> So >> that's all me. They have to file a reply.

[02:38:43]>> Why? Why? Why you have listed it?

[02:38:46]>> At whose instance this matter is listed as a new matter?

[02:38:51]>> Not me.

[02:38:53]>> I believe there is a direction in that order. List 19th May par 3 30th April 2026.

[02:39:02]>> Lordship will last. That's why the registry has listed it in compliance of your lordship.

[02:39:08]They lordship in the last occasion only that Mr. Mr. >> Yes sir.

[02:39:18]>> Yes.

[02:39:20]>> Have have you filed your uh response Mr. Pia? Your lord say on last occasion copy was not served only the court has directed to serve the copy and till then the matter was state your matter need a hearing then after then we have to file a counter in this case on the basis of Rajiv Bansel case Mr. Mr. Mr. Yeah. Lord, >> have you received a copy of this?

[02:39:45]>> Yeah. Lord, Lord, >> would you file uh counter?

[02:39:51]>> Lord, in this case, alternate remedies, >> you file counter.

[02:39:55]>> I'll be filing counter.

[02:39:56]>> That's all.

[02:39:57]>> File counter one week after rejoiner one week there.

[02:40:14]I believe uh the report has come before your lordship as per your lordship's order 13th of May >> 13th of May par five onwards your lordships felt that a special officer was required to be engaged And he was engaged. He has visited the site and submitted a report.

[02:40:49]>> Physically we want to hear special item >> in the second item. The the condonation has been done. Yes, it has been done. I will >> done. It has been done. Yes, it has been done. He is still >> Yes. Yes. Second matter. I'm appearing.

[02:41:08]>> Where is Where is the special officer?

[02:41:10]>> My in court.

[02:41:13]>> Oh, can we fix this matter for a physical hearing tomorrow?

[02:41:19]>> My m >> because the hearing of the special officer the report has to be >> report I have submitted.

[02:41:25]>> Yes.

[02:41:26]>> To the court master.

[02:41:29]>> Tomorrow can we fix this matter?

[02:41:32]Can I pray tomorrow is the first item on board.

[02:41:35]>> Item first >> there was a small very short period of delay. I think the lord had gone.

[02:41:51]>> Yes, I believe that we have condoned or not condoned.

[02:41:54]>> No, already condoned.

[02:41:55]>> My lord had been pleased to condone but if it's still >> Mr. Mr. Misra >> in WA number 268 2026 who is appearing >> I I'm appearing >> to uh yes has >> in your appeal donation has been done >> on the last date >> your lordship had we just checking >> your lordship had passed the order in condoning the delay >> oh it is not uploaded anyhow yes yes it has been condoned tomorrow either There's a first or second matter whatever.

[02:42:39]>> Yes.

[02:42:55]>> Okay.