XI-HC—78 3^? ^ 1^1^^, ^TTl^jJ<$, R|0J^y lyOf ^9^/^05- ^S^dl *N|cb •W1, 200 31T^?T ^^ (^f^^ST) '3TT^T ?FT fqTiI.ch Tf^TT 'STi^T sb^lich '^CTW^TT^T^T PETiTiONERS RiSPQNDENTS 2. Ra|j Dorese, S/o Shri Mahadev Rao Dorse, ^d about 33 years, R,/o Mundra, P.0. tari, Thana Abhanpur, Tehsii Abhanpur, Raipur (CG). sg^ Telti DisSt Th4 4. Th* (C<t) Th^ Co$ knd' Ka4 (C<|) ^^i^i'{ft't ^i^<vff '^\fe:st <Rn^i< ^T 3tRfH'SH^T Ha^sukh Khodiyar, S/o Shri Vishanji Kh^diyar, agod about 32 years, R/o Mundra, P.Q. Tekari, Thana Abhanpur, Tehsii Abifanpur, Distl. Ra'pur (CG). Bishambar Yadav, S/o Late Shri Pardesh' Ya^av, aged about 53 years, R/o IVSundra, P.Q. Tekari, Thana Abhanpur, Tehsii Ablfianpur, DistS. Raipur (CG). --Versus- Sta|e of Chhattisgarh, Through the Se^retary', Dspartment of Mines & Minsrais, D.i^.S. Bhawan, Mantralaya, Raipur (Ctlhattisgarh). Th^ Gram Panchayat, Village Mundra, thr4ugh Sarpanch, VISiags Mundra, Tehsil Am|2ikapur, District Raipur (Chhattisgarh). Collector (Mining Section), aRaspur (CG). Sub Divisional Officer. Distrlct Raipur Mlnina Officer (Mlnlng Section), lectorats, Ra!puT(CG). Ra|n Chandra. Jagwanl, aged about not {wn, S/o Sheetal Das Jagwani, R,/o thahari Chowk, Ralpur, District Raipur ,,-i--4^ »«.iw- XI-HC—78 'S^sf ^) 1^10^, ^Tfl'y^KS, fs)0i<-t^< r^ ^Wdl *NI* •W^ 200 3^?r ^?ra? (^f^^) W^T ]5FT RTli<=h H^T 3TR?T^RW v ^. DMsioni_Bench: Hon'bteShnL.C.Bhadoo& Hon'bte Shrs Sunl! Kumar Sinha. JJI 123-1-2008 '^?TW ^rft^ ^TT^T QA/rit Petition under Articie 22^. Shri Prashant Mishra. counsei Shri M.P.S. Bhatia, Panel Law^ J4&5. Heard cn admission. On query, iearned counsel ^etitioners have not made any repil I'aisina their arievances reaardina th4 (<iin on the' disputed iand contrary to Bules. 1996 (for short "the Rules, 11996, Even thouah the petitioners panchayat and the representation ^nqulry was ordered, in which Tahsilc| patwari', which is Annexure-P/8. Learned counsei for the petitit kiin is allowed to be set up on the ^3o.6 to whom the lease has been gr^ NSI affect the riverbank, as also the ac Sitice the petitioners have ^ollector, in the facts and circumstan^ jsetitioners are allowed to make a brievances before the Coilector ar cr)S^t<n^1'i TTPE:r^7f '^,'fexst <f^^i< '^^tRw^TT^T /227 ofthe Constitution of india) wthepetitioners. er for the State/respondents No.1, 3, (or the petitioners submitted that the riesentatlon to the Coiiector concerned grant of lease for setting up of a brick tse R.uies of Chhattisgarh Minor Mineral fp96'), particuSariy Rule 5 of the Rules, 1'alsed their obiection before the Gram l^vas sent to the concerned Minister, l((ar calied the report from the concerned l^ners further submitted that If the brick dis.^uted iand. which belonas to respondent jnted for setting up of a brick kiln, same |ricuiturai fieids ofthe adjoining-fields. |iot made' any representation to the |;es of the case, it is appropriate that the |etailed representation ralsjng all their |d the Collector to enauire into the .^^.^^—,--•^.1.^ -HC—78 'S^Sf -M|^|<^^, ^xfiy^KS, ?G)<r-)H^< 3T?^T ^T ^Jch ^T^T 3TT^f 5b^|c^ ^ y -?, ^PR^IT *^1* W^ 200 ^Rt?T ^[^ ( <1^?1^<? ) '^TTWHf^T 37I^T ct)i^t<rl^1rt TTR^f 'Sf fe^t <M^I< ^3tRFT3^T allegations and the objections rais^d, thereafter pass the order in accordance with law, to which iearned counsej|for the Stete has no objection. Having heard leamed cou?jisel for the parties, having regard to the facts and circumstances of the c2|se, the petitioners are ailowed to make a detaiied representation to the Co|lector, Raipur raising al! their grievances, which have been rassed in this \|/rit petition and other objections withln a period of two weeks and the Coll^ctor, Raipur, is dlrected to get the matter enauired, after hearina both the p^ .rties pass appropriate order regardina the grievances ralsed by the petitioner^ in accordance with law. The Collector Is directed to decide the representatjon as early as possible, but not later than two months from the date of receldt ofthe representatson, At this stage, iearned cour^ei for the petitioners submitted that after grant of lease, respondent No.6 h^s already set up brick kiln and the process of manufacturing of bricks is also cjommenced and Jf he Is not ordered to stop the said activlties, then the grievanjces ofthe petitioners wou!d be defeated. In view of the above, ttte Collector Is directed to ensure that manufacturing of bricks is stoppec] decided by him finaliy. With the direction aforesaidj Security amount deposited per ruies. Sd/- L.C. Bhadoo Judge tili the representation of the petitioners Is the petjtion is disoosed of, by the petitloners be refunded to them, as Sd/- Sunil Kumar Sinha Judge z^