/ @M/ IN THE HIGH COURT OF JUDICATURE AT BILASPUR / 3 } WP NO o 2003 DEEPAK KUMAR GUPTA SON O TE BHOLANATH GUPTA AGED 45 YEARS i RESIDENT OF KALPANA HOME, STATION ROAD, DURG. PETITIONER VERSUS 1. STATE OF CHHATTISGARH THE THROUGH SECRETARY, MINISTRY OF MINEL RA RESOURCES, DAU KALYAN SINGH BHAWAN, RAIPUR. 2. THE SECRETRY, RESOURCES DEPARTMENT, RAIPUR. Qt § 63' ”\w 6? E COLLECTOR (MINING w‘ «0 I PRINCIPAL MINERAL A DEPARTMENT), DISTRICT DURG. RESPONDENTS WRIT PETITION UNDER ARTICLES Zé/6 AND 227 OF THE CONSTITUTION OF INDIA FOR THE ISSUANCE OF WRITS N THE NATURE OF MANDAMUS *CERTIORARI AND/OR ORDER(S), AND/OR DIRECTION(S) IN THE NATURE OF WRITS F LA A XI-HC—Z Z Shri B.P. Shanna, camgd for the petitioner. Shri Ranbir Singhi Govt. Adv. for the State. Hcald. ‘ By this W111 petition u er Aru'cles 226‘ 3a /2' 7 of the Constitution of India, the pe 'tioner s€eks to challenge the inach'on on tho part of the resp ndent authon'ties i.e. respondent 110,2 in not disposingriof the apiulicau‘on for grain of mining lease made by the petitioner on 17.09 200i. The peu'tionerfs yetition i that he made an application for grant of mining lease under th Mineral Concession Rules, 1960 over’the land bearing Khasral No.282O measuring area 14.50 hectares situated at‘Village Th 0d Distt. Durg and the petitioner ' paid the pmscxibed fee in t1 office of the respondent no.2 through the respondent no.3. py of the applicaiion submitted and the Challans are flled as nuexure P—l. After filing of the application, objectionsweie inv ted fmm the general public and a report of the Halka Patwari Wa also calleti for. No objection was raised by anybody and. the Pa an' has also recommended for the grant of lease in favour ‘of th petitioner Vide his report-dated 29.09.2001. By issuance of a nblic notice objections were also) invited from the villagers but n objection was received and even the Sarpanoh of the Village hanod Distt. Durg has given a peertiflcate (Annexnre P—5) eta ‘ g that if the mining lease over the said land is granted to the etitioner the Panchayat has'no r/a’/ W:Ww m 20:}3 ; mg mmmwa ammww€rww ggmw» VV 06.09.2003 XI-HC-22 3W 3m a W am WWW /L" objection. Even the Mining Imspector, Durg has also given his report in favour of the petition and stated that it will increase revenue of the government, 1f the lease is granted to the petitioner. Even the Collector, forwarded all tlie documents of the petitioner for consideration of government but thereafter since the year 2002 no decision has been taken by tJiei’government. Learned counsel for the petiti ner submits that in the given circumstances the government inlay be directed to consider the application of the petitioner to w ich the learned Deputy Advocate General has no objection. Havingheard learned cou sel for the parties, having regard to the facts and circumstances of the case, the respondent no.2 Principal Secretary, Ministry of _ ineral Resources Department is directed to consider the applic tion and all other documents of ' the pehtloner and 1f the petmon r 1s found ehg1b1e 1n accordance w1th the prevailing miles and s stem then after cons1dermg the request of the petitioner, respo dent Secretary should pass an appropriate reasoned order Wit 1 a period of one month from the date of receipt of the order. With this observation e petition stands disposed of. Consequently, LA. No.8200/20é3 for urgent hearing also stand disposed of Sd/« L.C.‘.BHADOO t exqudge :/\" “A Certified copy as per Rulesi l [new n!“