Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 2016 r. 51(7) Orissa Minor Minerals Concession Rules |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Orissa Minor Minerals Concession Rules, 2016 – r. 51(7) – Auction was to be made for grant of lease as per the Orissa Minor Minerals Concession Rules – One of the requirement of the auction notice was that the bidder was required to submit a solvency certificate issued by the Revenue Officer – The respondent no.1 participated in the tender process and submitted his application along with the solvency certificate issued by the Tehsildar – The solvency certificate was issued despite the specific order passed by the Sub-collector stating that a solvency certificate was to be issued in the name of the ‘Trust’ – However, Tehsildar issued the solvency certificate in favour of the respondent no.1 individually – Collector cancelled the lease in favour of the respondent no.1 – High Court set aside the order passed by the Collector cancelling the lease deed in favour of respondent no.1 – Before the Supreme Court, the respondent no.1 contended that the solvency certificate issued in the favour of respondent no.1 was a mistake – On appeal, held: In the present case the Sub-collector specifically directed not to issue the solvency certificate in favour of respondent no.1 herein in his individual capacity and specifically directed to issue the certificate in the name of Trust – Under the circumstances it cannot be said that the solvency certificate was issued in favour of respondent no.1 in his individual capacity by mistake – It appears that the respondent no.1 deliberately and willfully obtained the solvency certificate in his own name though the property belonged to the Trust and the solvency certificate was required to be issued in the name of the Trust – He misused/used the solvency certificate for his own benefit illegally – Bid using solvency certificate by respondent no.1 in his own name was non-est and void ab initio – Lease in his favour was rightly cancelled – Impugned judgment of the High Court set aside. |
Judge | Hon'ble Mr. Justice M.R. Shah |
Neutral Citation | 2023 INSC 203 |
Petitioner | Debidutta Mohanty |
Respondent | Ranjan Kumar Pattnaik & Ors. |
SCR | [2023] 2 S.C.R. 72 |
Judgement Date | 2023-03-03 |
Case Number | 4939 |
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