Lucky Transport And Trading Co. vs. State Of Odisha

Held

The Court noted the submissions made by the learned Additional Government Advocate. It observed that the State Government, in compliance with the Supreme Court's judgment in State of Gujarat v. Jayeshbhai Kanjibhai Kalathiya, had issued directions to allow the transportation of lawfully extracted sand outside the State, subject to the petitioner producing proof of lawful extraction and payment of royalty and GST. The Court did not deem it necessary to issue a separate direction to the opposite parties. Instead, it held that if the petitioner faced any difficulty in transporting lawfully extracted sand, despite having paid all government dues, it would be open for the petitioner to approach the concerned Tahasildar. The Tahasildar was expected to redress the petitioner's grievances in accordance with the law. The writ petition was accordingly disposed of with this liberty to the petitioner.

Facts

The petitioner, Lucky Transport and Trading Co., through its proprietor Anoop Singh, filed a writ petition seeking a direction to the opposite parties (State of Odisha) to issue a necessary permit for transporting sand outside the State. The petitioner argued that they had lawfully extracted sand from a licensed quarry, paid royalty and GST, and relied on a circular dated 21.12.2019 issued by the Government of Odisha, Revenue and Disaster Management Department, which followed a Supreme Court judgment. The State, represented by the learned Additional Government Advocate, referred to clause 3 of the same office memorandum dated 21.12.2019, confirming that the State Government had directed Collectors to allow transportation of lawfully extracted sand outside the State, provided proof of lawful extraction and payment of dues was produced.

Key Issues

1. Whether the petitioner is entitled to a permit for transporting lawfully extracted sand outside the State of Odisha, considering the circular dated 21.12.2019 and the Supreme Court's judgment in State of Gujarat v. Jayeshbhai Kanjibhai Kalathiya. Petitioner's contention: The petitioner argued that despite the Government of Odisha's circular dated 21.12.2019, which was issued in compliance with the Supreme Court's judgment, they were not being allowed to transport sand outside the State. They contended that they had lawfully extracted the sand, paid royalty and GST, and therefore, should be granted the necessary permit. Revenue/State's contention: The State referred to clause 3 of the office memorandum dated 21.12.2019, which directed Collectors to allow transportation of lawfully extracted sand outside the State. They submitted that the petitioner would need to produce proof of lawful excavation and payment of royalty and GST upon demand. The State also suggested that if the petitioner faced any difficulty, they could approach the Tahasildar.