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2025 DAILYLAW 20262 (CHH)

M/S TAJ CRUSHER A PROPRIETORSHIP FIRM v. STATE OF CHHATTISGARH

WPC/2187/2025 · 2025-05-01

Shri Amitendra Kishore Prasad

body2025

Judgment text

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1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2187 of 2025 1 - M/s Taj Crusher A Proprietorship Firm Proprietor Mohd. Aslam Memon, S/o Mohd. Bashir Memon, Aged About 44 Years, R/o Nawapara, Sahaspur Lohara, District Kabirdham, Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Mineral Resources, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nava Raipur, District Raipur, Chhattisgarh 2 - Director (Mining) Directorate Of Mining, Indrawati Bhawan, Atal Nagar, Nava Raipur, District Raipur, Chhattisgarh 3 - Collector (Mining) Kabirdham, Collectorate, Kawardha, District Kabirdham, Chhattisgarh 4 - Mining Officer Office Of Collector (Mining Branch), Kawardha, District Kabirdham, Chhattisgarh ... Respondent(s) For Petitioner : Mr. Yashraj Verma, Advocate on behalf of Mr. Amrito Das, Advocate. For State : Mr. Praveen Das, Dy. A.G. Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 01/05/2025 1. By way of this petition, the petitioner has prayed for following VISHAKHA BEOHAR Digitally signed by VISHAKHA BEOHAR Date: 2025.05.02 10:52:51 +0530 2 reliefs:- “A.This Hon'ble Court may kindly be pleased to call for records. B. This Hon'ble Court may kindly be pleased to issue an appropriate writ quashing and setting aside the order dated 06.03.2025 (ANNEXURE P-1) and all proceedings being drawn thereafter. C.Grant any other or further reliefs that this Hon'ble Court may deem fit in light of the facts and circumstances of the present case. D. Grant the cost of the petition to the Petitioner.” 2. By way of this petition, the petitioner is aggrieved by a show cause notice dated 06.03.2025 by which, not only a show cause notice was issued to the petitioner but the mining lease holder was also directed to stop the mining operations on an allegation that the conditions of the lease agreement is being violated. Thereafter, the petitioner was directed to give explanation within 60 days, as such, the petition is filed. 3. Learned counsel for the petitioner submits that it is not only a show cause notice, but it is an order by which the Collector has directed to stop the mining operation in the leased area, as such, the petitioner has approached this court. He further submits that the petitioner has duly replied to the notice along with relevant documents which has been filed on 02.04.2025. 3 4. Upon this, learned State Counsel submits that since the show cause notice has duly been replied, the respondent authorities will consider the reply of the petitioner and pass appropriate orders within stipulated time. 5. Considering the facts and circumstances of the case, it is directed that after considering the reply made by the petitioner, the respondent authorities shall pass appropriate orders, in accordance with law, within a period of 10 working days from the date of receipt of copy of this order. 6. With this observation and direction, the writ petition is disposed of. sd/- (Amitendra Kishore Prasad) Judge Vishakha