Orissa High CourtWP(C)/10999/2020 on 11 June, 2020W.P.(C) No. 10999 of 2020\n\n\n\n\n02.   11.06.2020         This matter is taken up through video conferencing.\n                         Heard Mr. S. Das, learned counsel for the petitioner\n                   and Mr. A.K. Mishra, learned Addl. Government Advocate.\n                         The petitioner has filed this writ petition seeking\n                   direction to opposite party no.1, i.e., Collector, Keonjhar to\n                   realize the entire arrear amount from the mining owner-\n                   opposite   party   no.4   pursuant    to   the   MOU    dated\n                   05.09.2012 for developmental work of both the village\n                   Kasia (Ka) and (Kha).\n                         Mr. S. Das, learned counsel for the petitioner states\n                   that in view of the MOU executed vide Annexure-1, the\n                   amount is lying with the company, which could not be\n                   utilized for the purpose of development of the village itself.\n                   In the meantime eight years have passed and condition of\n                   the MOU has not been complied with.\n                         Mr. A.K. Mishra, learned Addl. Government Advocate\n                   raises preliminary objection with regard to maintainability\n                   of the writ petition and contended that if the condition\n                   stipulated in the MOU has not been complied with by the\n                   company, then remedy lies with either of the parties to\n                   approach the appropriate forum for the villagers. The\n                   petitioner, who is one of the villagers, has approached this\n                   Court by filing this application for realization of the\n                   amount from the company. As such, no direction can be\n                   issued to the company, as the writ petition is not\n                   maintainable against the private company. Further more, if\n                   there is non-compliance of any of the conditions stipulated\n         in the MOU, it is left open to the parties to approach the\n        appropriate forum.\n              Considering the contention raised by learned counsel\n        for the parties and after going through the records, it\n        appears that there is an MOU between the opposite party\n        no.4 vis-à-vis the Sarpanch of the village Kasia (Ka) and\n        (Kha), and in that view of the matter, if any condition is\n        violated, the parties have to approach the appropriate\n        forum instead of filing this application. As such, no writ\n        petition is maintainable against a private company.\n              At this stage, learned counsel for the petitioner seeks\n        liberty to approach the appropriate forum ventilating his\n        grievance.\n              With liberty aforesaid, the writ petition stands\n        disposed of.\n\n\n\n                                        ....................................(DR. B.R. SARANGI, J)\nAjaya