CUTTACK, India, April 18 -- Orissa High Court issued the following order on March 17:

1. The seminal point involved in the instant writ petition pertains to the Demand Notice dated 9th June, 2025 issued by the Mining Officer, Nuapada (opposite party No.7) vide Annexure-1 upon the petitioner claiming the outstanding dues for the Financial Years 2022-23 to 2025-26 towards the Royalty and other dues as the quarry operation remained idle for more than a continuous period of six months which is violative of Rule 32 and Rule 33 (15) of the Odisha Minor Minerals Concession Rules, 2016 (in short, 'the OMMC Rules") and the amendment having brought in the meantime.

2. The primary contention against the said Demand Notice is founded upon an assertion that the payment of Royalty can only be demanded if any minor mineral is removed or consumed by him or his agent, the manager and employees or the contractor from the leased area. According to the petitioner, if the quarry remained non-operational, it does not attract the consummation and/or removal of the sand, and, therefore, the incidence of payment of Royalty has not germinated. Such being the question involved in the instant writ petition, which, in our opinion, strikes at the root of the issues and of a legal nature, it would be an idle exercise to invite the parties to exchange the affidavits.

3. The facts are undisputed and can be reasonably gathered and/or inferred from the language and expressions used in the said Demand Notice. Before we proceed to decide the point urged before us, it would be relevant to quote the said Demand Notice in extenso, which runs thus:

"Office of the Mining Officer, Nuapada At: Sirtol, P.O.: Nuapada, District: Nuapada, PIN: 766105

E-mail:-mo.nuapada@gmail.com No.664/Minor Mines

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=A9S7c5LDIsB6RXaCf816x0FC34SaiJVxaj%2BHTMtXlZNViD4a8x15D%2BOYdMIlFHlc&caseno=WP(C)/403/2026&cCode=1&cino=ODHC010926632025&state_code=11&appFlag=)

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