Ab Logistics vs. State Of Odisha

Held

The Court, having considered the submissions of the learned Addl. Government Advocate, did not deem it necessary to issue a separate direction to the opposite parties. The Court observed that if the petitioner faces any difficulty in transporting lawfully extracted sand, despite having paid royalty and GST and other government dues, it would be open for the petitioner to approach the concerned Tahasildar. The Tahasildar would then be required to redress the petitioner's grievances in accordance with the law. The writ petition was accordingly disposed of with this observation. The Court did not explicitly decide on the entitlement to a permit but provided a procedural recourse for grievance redressal.

Facts

AB Logistics, represented by its proprietor Navneet Kaur, filed a writ petition seeking a direction to the opposite parties to issue a necessary permit for transporting sand outside the State of Odisha. The petitioner argued that despite the Government of Odisha issuing a circular dated 21.12.2019, following a Supreme Court judgment, they were not being allowed to transport sand. The petitioner stated that the sand was lawfully extracted from a licensed quarry, with royalty and GST paid. The State, through the Addl. Government Advocate, referred to clause 3 of the same office memorandum, which directed Collectors to allow transportation of lawfully extracted sand outside the State, provided proof of lawful excavation and payment of royalty and GST was produced.

Key Issues

1. Whether the petitioner is entitled to a direction for the issuance of a permit to transport sand outside the State of Odisha, considering the circular dated 21.12.2019 and the payment of royalty and GST. The petitioner contended that the circular dated 21.12.2019, issued by the Government of Odisha, Revenue and Disaster Management Department, in compliance with the Supreme Court's judgment in State of Gujarat v. Jayeshbhai Kanjibhai Kalathiy, should enable them to transport lawfully extracted sand after paying royalty and GST. They argued that they have fulfilled these requirements and are still facing difficulties in obtaining the necessary permit. The revenue (State) argued that the office memorandum dated 21.12.2019, specifically clause 3, directs Collectors to allow the transportation of lawfully extracted sand outside the State. However, it also mandates that the petitioner must produce proof of lawful excavation and payment of royalty and GST upon demand. The State indicated that if the petitioner faces any difficulty, they can approach the concerned Tahasildar.