IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP No.8400 of 2010 Decided on: January 4, 2011. Raj Kumar Oberoi ………..Petitioner versus State of H.P. & Ors. ……….Respondents Coram The Hon’ble Mr. Justice Kurian Joseph, Chief Justice The Hon’ble Mr. Justice V.K. Ahuja, Judge. For the petitioner : Mr.Deepak Kaushal, Advocate. For the Respondents : Mr.Ankush Dass Sood, Addl.Advocate General and Mr.J.K. Verma, Deputy Advocate General for respondents No.1 to 3. Mr.Anil Chauhan, counsel for respondent No.4. Mr.Trilok Jamwal, counsel for respondent No.5. ------------------------------------------------------------------------------------------ Justice Kurian Joseph, C.J. (Oral) The writ petition is filed with the following prayers: “A) That the respondents’ No.1 to 3 may kindly be directed to grant Kh. No. 138/3/2 measuring 4.90.52 hectors out of total area of 12.34.94 hectors to petitioner for mining lease. 2 B) That contempt proceedings may kindly be initiated against the respondents No. 2 to 4 for deliberately not complying with the order of this Hon’ble Court. C) That the respondent No. 4 may kindly be directed to grant consent to operate without any further delay so that he may start his crusher.” 2. On 28th December, 2010, this Court passed the following orders:- “There will be a direction to respondents No. 2 to 4 to depute a competent officer with records as to the action taken pursuant to the directions in Annexure P-6, judgment dated 19.11.2010, on 3.1.2011. Dhasti to A.G. today.” 3. It is brought to our notice that the matter is now pending with the Government. Mr. Arun Kumar Sharma, State Geologist, who is present before us, submits that he has forwarded his report in the matter and it is for the Government to take a decision. Learned Additional Advocate General submits that the Government is not in a position to take the decision in view of the operation of Model Code of Conduct. There will be a direction to the first respondent to take a decision in the matter on or before 10.1.2011 and communicate the same to the petitioner, who will be present before the first respondent, at 3.00 P.M. on 10.1.2011. It is made clear that in case such a decision is not communicated to the petitioner, it will be taken that the Government has no objection in the reduction of the leased area, as prayed for by the petitioner, 3 and it will be open to the petitioner to operate the quarry as per the agreement duly executed by him. 4. With the above observations, the writ petition is disposed of, so also the pending application(s), if any. Dasti copy. (Justice Kurian Joseph), Chief Justice Jan.4 , 2011 (Justice V.K. Ahuja), (tilak/pankaj) Judge.