IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 979 of 2008 (M/S) Dalbir Singh Shisodia, aged about 86 years, S/O Late Sri Lekh Ram Singh, R/O Village Jeetpurnegi, Rampur Road, Haldwani, District Nainital. …… Petitioner. Versus State of Uttarakhand through its Principal Secretary, Industrial Development Department, Govt. of Uttarakhand, Dehradun, District Dehradun and three others. … Respondents. Sri Rakesh Thapliyal and Sri Lalit Sharma, learned counsel for the petitioner. Sri K.P.Upadhyay, learned Addl. C.S.C. for the respondents-State. Date June 13, 2008. Hon’ble B.S.Verma, J. Sri Rakesh Thapliyal and Sri Lalit Sharma, learned counsel for the petitioner and Sri K.P.Upadhyay, learned Additional Chief Standing Counsel for the State-respondents. Learned Additional Chief Standing Counsel appearing for the respondents has submitted that the writ petition be disposed of today without inviting counter affidavit from the respondents- State. This writ petition has been filed for the following reliefs:- I. Issue a writ, order or direction in the nature of mandamus directing the respondents to implement the orders/instructions/directions issued by the Principal Secretary of the Government of Uttarakhand by letter dated 19th March 2008 forthwith and to proceed further in accordance with law. II. Issue a writ, order or direction in the nature of mandamus directing the respondents to permit the petitioner 2 without any delay to continue the mining operation for picking minor-minerals in village Rosil, Tehsil and District Nainital. III. Issue any suitable writ, order or direction, which this Hon’ble Court may deem fit and proper on the basis of the facts and circumstances of the case. IV. Award the cost of the petition to the petitioner. The grievance of the petitioner is that sanction was granted to the petitioner for mining in his own land bythe State Government subject to the condition mentioned in the order dated 30-8-2006. In pursuance of the sanction of the Government, the Mining Officer submitted his report to the Collector, Nainital on 11-10-2006. On the basis of that report, the Collector passed the order on 14-11-2006 and granted the lease for three years in favour of the petitioner in pursuance of the Government Order dated 30-8- 2006, but the Collector Nainital vide his order dated 20-3-2007 (Annexure No. 9) stopped the mining work of the petitioner on the basis of a decision of the Minister in the meeting which was held on 19-3-2007. Thereafter, on the representation of the petitioner, the State Government again permitted the petitioner to continue mining vide order dated 19-3-2008 (Annexure No. 11) and informed the Collector that after granting lease, there is no justification to stop the work and the ban which was imposed by the Collector has been lifted by the said order and the Collector was directed to ascertain that mining is carried out within the area, which was leased out and to restrict the illegal mining. The grievance of the petitioner is that pursuant to the Government Order dated 19-3-2008, petitioner made a representation to the District Magistrate, Nainital, on 11-5-2008, 3 vide Annexure No. 12, but so far no decision had been taken in the matter. In the circumstances of the case, the Collector/District Magistrate, Nainital is directed to take a decision on the representation made by the petitioner (Annexure No. 12) expeditiously preferably within a period of four weeks from the date of production of certified copy of this order. With the above direction, the writ petition is disposed of finally. All pending applications stand disposed of. ( B.S.Verma, J. ) RCP 4 5