Y] $EE‘éi’EIE BWSE, {N THE HIGH COURT OF CHI-IATTISGARH AT BILASPUR WRIT PETITION ( C ) N0. bmbg Of 2010 fBhupendra Kumar Patel S/o Shri D S Pat€1 Aged about 4O year. Propritar of M / s Serveshswari Crusher Unit Timarlaga Tahsil Sarangarh District Raigarh R/o kelo ‘ Vihar Raigarh(CG) PETITIONER: Versus RESPONDENTS: 1.x The State of Chhattisgarh, I through the Secretary, Mines - and Mineral Department; Mantralay at D‘KS. Bhawan, é The Director, Directorate of Bhoumiki Tatha KhanijKarrn, Chhattisgarh, Raipur (CG). 3. The Collector, (Mining Branch). Raigarh (CG). 4. The General Manager, District Trade 8c Industries Centre, Raigarh, District Raigarh (CG). Raipur (CG). j) Q0” w WRIT PETITION‘UNDER ARTICLE} 226 OF THE CONSTITUTION OF INDIA x3 HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITION (Cl N0. 4441 OF 201D Petitioner Bhupendra Kumar Patel Versus Resgondents WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA (SB : Hon’ble Mr. Satish K. Agnihotri, J.) Present:- Advocate Shri Rajeev for the Shrivastava, petitioner. Advocate with Shri K.K. Patel, The State of Chhattisgarh & Others Shri P.K. Bhaduri, Panel Lawyer for the State. ORDER (ORAL) (Passed on 15m day of September, 2010) Heard learned counsel for the parties. Learned counsel appearing for the petitioner submits that the impugned order dated 04/08/2010 was passed, firstly, without affording an opportunity of hearing to the petitioner, and secondly, de hors the provision of the prescribed rules, as Rule 16(3) of the Chhattisgarh Minerals (Mining, Transportation and Storage) Rules, 2009 (for short ”the Rules, 2009”) does not provide for any cancellation, asaforestated. In fact, there is no provision of Rule 16 (3) under the Rules, 2009. ln view of foregoing, without going into the merits of the case, the impugned order dated 04/08/2010 is quashed and the matter is remitted back to the Collector (Mining) to consider the matter afresh, after affording proper opportunity of hearing to the petitioner and may pass order, in accordance with law. 4. Accordingly, the writ petition is disposed of. No order asto costs. Sattsh . K. Sd/~ Agnihom' t udge Ashck