S.B.CIVIL WRIT PETITION NO. 6255/2007 Date of order : 24.10.2008 HON'BLE MR. GOPAL KRISHAN VYAS, J. Mr. Vineet Kumar Mathur for the petitioner Mr. A.K.Rajvanshy, Addl. Advocate General Heard learned counsel for the parties. This writ petition has been filed by the petitioner challenging the notice Annexure 4. In ground (D) of the writ petition it is specifically stated by the petitioner that before filing this writ petition and after service of the impugned notice dated 1.9.2007 petitioner approached the Mining Engineer on 21.9.2007 by way of filing a representation and requested the respondent authorities to waive off the demand of Rs. 63.43 lacs which is half of the total monthly demand and showed his willingness to deposit the balance amount of Rs. 63.43 lacs immediately. The respondent authorities did not consider the genuine grievance of the petitioner. In my opinion, when such representation was filed, then it was the duty of the respondent authorities to decide the matter in accordance with law. The respondents are unnecessarily not taking action upon representation. Therefore, in compelling circumstances the litigants come before this court. Therefore, it is expected from the authorities concerned to decide the representation, if any, filed by the litigant before they approach this court. In this case also the prayer of the petitioner is genuine. In this view of the matter, respondents are directed to decide the representation of the petitioner and consider all the grounds - 2 - and if the grounds raised by the petitioner are found to be genuine, then the amount which is deposited by the petitioner under protext shall be adjusted/refunded, and if the claim of the petitioner is not acceptable then the petitioner is at liberty to approach this Court again. The representation shall be decided within four weeks from the date of filing of copy of this order before the appropriate authorities. With these observations, the writ petition stands disposed of. (GOPAL KRISHAN VYAS),J. mathur/