IN THE HIGH COURT OF JUDICATURE ATEILASPUR (C.G.l w.p. (C) No.a§é&k\ / w; 0/0 ’ PETITIONER / Smt Pushpa Lata Oswal, W/o Late Swaroop Chand Oswal, Aged About 4 yrs, R/o - Purana Ganj Line, Rajnandgaon (C.G). VERSUS RESPONDENT(S): . State of Chhattisgarh through its Secretary, Department of Geolog 85 Mining, DKS Bhawan, Mantralaya, Raipur(C.G). x, 2. Director, Geology 8a Mining, Ring Road No. 1, P.O. Ravigram, Raipur (C.G). x 3. Chhattisgarh Mineral Development Corporation, through its Managing Director, 27/520, Praveen Bhavan, Shanti Nagar, Raipur (C.G). K 4. Collector, Rajnandgaon, District: Rajnandgaon (C.G.). /. 5. Assistant Mining Officer, Rajnandgaon, District: Rajnandgaon, (c.G.).,. WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA O HIGH COURT OF CHHA’I‘TISGARH z BILASPUR W. P. QC} No. 2524 of 2010 Petitioner Smt. Pushpa Lata Oswal Respondents State of Chhattisgarh 8L others V6rsus ‘ WRIT PETITOIN UNDER ARTICLE 226 OF THE ‘ ONSTITUTION OF INDXA. W DB: Hon’ble Mr. 1. M. Quddusi, at. Hon’ble Mr. Prashant Kumar Mishra, JJ. Shri Vaibhav Shukla, Advocate for the petitioner. Shri M. ~ P. S. Bhatia; Deputy Govt. Advocate for the respondents/ State. o R D E R (oral; ( Passed on this ;8&1 day of June, 2O 10 ) Per I. M. Qurldusi, J. 1. Heard learned counsel appearing for the writ petitioner as well as learned counsel appearing for the respondents] State. 2. By means of this writ petition the petitioner is challenging the Chhattisgarh Minerals (Mining, Transportation and Storage) Rules, 2009 (for short ‘the Rules, 2009’), enforceii in exercise of the powers conferred to the State Government under Section 23C of the Mines and Minerals {Development and Regulation) Act, 1957 ( for short ‘the Act, 1957’) and the notice dated 18.9.2009 (AnneXure P/4). Before proceeding further it is necessary to peruse the provisions of Section 23C of the Act, 1957 which is reproduced herein below : " 23C. Power of State Government to make rules for preventing illegal mining, transportation and storage of p minerals.»(1) The State government may, by notiflcation in the onicial Gazette, make rules for preventing illegal mining, transportation and storage of minerals and for the purposes connected therewith. \‘o‘N (2) In particular andwithout pmjudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-— (a) Establishment of check-posts for checking of minerals under transit; (b) Establishment of weigh—bridges to measure the quantity of mineral being transported; (c) Regulation of mineral being transported from the area granted under a prospecting licence or a mining lease or a quarrying licence or a'permit, in whatever name the permission to excavate minerals, has been given; (d) Inspection, checldng and search of minerals at the place of excavation or storage or during transit; (e) Maintenance of registers and forms for the purposes of these rules; (f) The period Within which and the authority to which applications for revision of any order passed by any authority be preferred under any rule made under this section and the fees to be paid therefore and powers of such authority for disposing of such applications; and (g) Any other matter which is required to be, or may be, prescribed for the purpose of prevention of illegal mining, transportation and storage of minerals. (3) Notwithstanding anything contained in section 30, the Central Government shall have no power to revise any order passed by a State Government or any of its authorized ofdcers or any authority under the rules made under sub-sections (1) and (2). " 4. A bare perusal of the above quoted provisions shows that the State Government has been conferred the powers to make Rules for the purpose of preventing illegal mining, transportation and storage of minerals. 5. By the impugned Rules, the State Government has provided the pass system for the purpose of transportation of mineral. It is also necessaly to make such Rules to prevent illegal mining and to regulan'ze transportation from the mining area to the place of storage and therefore in any way it cannot be said. that the Rules, 2009 altra vires the provisions of the Act, 1957. Ki i 6. Further, learned counsel for the petitioner has drawn attention of this Court towards the order] notice dated 18.9.2009 (Annexure P/ 4) by which the petitioner has been asked to take pass for transporting the mineral and also in case he is in diiiiculty or wants to get any further knowledge he may contact the office of the Assistant Mining Omcer, Raipur. 7. We see no illegality therein and the impugned order] notice does not affect the petitioner in anyway adverse. Therefore, the writ petition is misconceiVed and the same is dismissed. No order as to costs. Sd/- ’ r Sd/— I.M.Quddusi Prashant Kumar Mishra i Judge Judge Thakur