) ^te, •i;^.r ii2t. ''( • (•"> %t^ » -^- y^. o o*,- &- *! *1 u| Ml nsi u.1o]ri 01 a! f"K IV s ^ M w <9 ^- 10 s 01 Ull R u.1 0| 1 Ul| 1 •r] Ull i w ~<-s.. '^".^^ 'i-—..^ \ HIGH COURT OF JUDICATURE CHHATTISGARH : BILASPUR DiVISION BENCH CORAM : HON'BLE SHRI H.L. DATTU, C.J. & HON'BLE SHRI V.K. SHRIVASTAVA, J. Writ Petition No.437 OF 2001 PETiTIONER RESPONDENTS Krishna Kumar Dhruv Versus State of Chhattisgarh & ofters. Present: Shri P. Diwakar, Sr. Adv. with Shri P.R. Patankar, counset for the petitioner. Shri Sumesh Bajaj, G.A. forthe State. ORAL ORDER (Passed on 01st March, 2007) The following oral order of the Court was passed by H.L. Dattu, C.J. The petitioner in this petition filed under ArUcles 226 & 227 of the Constitution of India seeks the following reliefe. They are as under: "1. That the order dtd.3.3.2001 passed by the respondent no.4 (Annexure A-9) be set aside / quashed. 2. The respondent No.1 be directed to hoid a detailed enquiry in respect of the allotment of lease in favour of the respondent no. 5 by the respondentno.2. -2 ^^ \\ ? /'7 :;f r f^ '-' / <-- >;- ,^( 3. That the respondents 1 to 4 be directed not to give any lease in favour of respondent no.5 for doing any mining work in the state of Chhattisgarh and he be declared as black listed. 4. That the respondents 1 to 4 be directed not to give any lease in favour of respondent no.5 for doing nay mining work in the state of Chhattisgarh and be he'declared as black listed. 5. Any other relief may also be granted to the petitioner which this Hon'bie court fells fit in the circumstance of the case. (2) At the Ume of hearing, Shri Diwakar, learned Sr. Counsel very fairly would submit that the petitioner as well as the second respondent M.P. State Mining Corporation Limited have filed appeals before the First Appellate Authority and those appeals, according to the learned counsel, are still pending for consideration and therefore, requested us to direct the First Appellate Authority to dispose of the appeals on merits and further to continue the interim order granted by this Court for a particular period. (3) Request of the learned counsel, in our view, is very fair and reasonable and therefore, the same requires to be granted. Accordingly, the following: (i) the petition is disposed of and the petitioner is permitted to make appropriate early hearing application and also an application for grant of interim order before ittwaiaiag IL':i ^^ s3 /'' -3- Ips^s^- the First Appellate Authority before whom the appeal said to have been filed by the petitioner is pending for consideration; (ii) if and when such applications are filed, the First Appellate Authority before whom the appoal fi!ed by the petitioner is pending would considerthe same in accordance with law; (iii) the petitioner is granted a moth's time to file the aforesaid applications. Till such applications are filed, the interim order granted by this Court will enure for the beneflt of the petitioner; (iv) all the contentions of both the parties are left open. Sd/- Chief Justice Sd/. V.K-Shrivastava Judge