1 2025:CGHC:34220 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WP(C) No. 2929 of 2025 Order Reserved on 30/06/2025 Order Delivered on 18/07/2025 M/s Santosh Kumar Yadav (Flag Stone Quarry) Ph No. -57, Kh No. 1344, Village Nisda, Tehsil Arang District - Raipur (C.G.) Proprietorship Firm Of Santosh Kumar Yadav Through Its Power Of Attorney Holder Shri Ashok Kumar Yadav Aged About 30 Years, S/o Ramashray Yadav, R/o Village Ghodari Post Birkoni Thesil And District - Mahasamund (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Department Of Geology And Mining Mantralaya, Mahanadi Bhawan Nava Raipur District - Raipur (C.G.) 2 - The Director Mining Directorate Of Geology And Mining Indrawati Bhawan Block - 4 First And Second Floor, Nava Raipur District- Raipur (C.G.) 3 - The Dy. Director Mining Raipur Raipur District - Raipur (C.G.) 4 - The Collector Raipur District - Raipur (C.G.) 5 - The Mining Officer Raipur Raipur District - Raipur (C.G.) 6 - The Mining Inspector Raipur Raipur District - Raipur (C.G.). ---- Respondents 2 For Petitioner : Mr. Vikram Sharma, Advocate For State : Mr. Praveen Das, Dy. AG Hon'ble Shri Justice Arvind Kumar Verma CAV Order 1. The present case was reserved for order on I.A. No.01/2025, application for an application for grant of interim relief, but learned counsel for the parties contended that in similar matter W.P.(C) No.3735 of 2025 (Dewanand Sahu Vs. State of Chhattisgarh & Ors.) and W.P.(C) No.3742 of 2025 (Jay Bajrang Audyogik Khadan Kamagar Cooperative Society Vs. State of Chhattisgarh & Ors.) already been decided by this Court finally, therefore, it would be appropriate to pass the similar order in the present case, the same is heard finally. 2. This petition has been filed by the petitioner on the following relief(s) : “10.1) The Hon'ble Court may kindly be pleased to quash impugned show cause notice dated 18.01.2025 by virtue of which a direction has been issued by the authorities to suspend the mining activity without following the principle of natural justice, in the interest of justice. 3 10.2) The Hon'ble Court may kindly be pleased to quash impugned second notice dated 06.02.2025 which has been issued without adhering to the principles of natural justice. 10.3) Cost of the petition may also be granted to the petitioner. 10.4) Any other relief which this Hon'ble Court deems fit and proper may also kindly be granted to the petitioner, in the interest of justice.” 3. Learned counsel for the petitioner contended that by virtue of the present writ petition, the petitioner is challenging the impugned notice dated 18.01.2025 which is issued in form of impugned order directing the petitioner to stop the mining operations till further orders. It is respectfully submitted that, the petitioner society is the lessee who has been allotted the mining lease of the Flagstone at Village Nisda Thesil Arang, District Raipur at Khasra No 1344 an area admeasuring 2.60 Acres from 01.12.2010 to 01.12.2030. It is respectfully submitted that, on 18.01.2025 the petitioner was issued an impugned notice from the Mining Inspector District Raipur, alleging that the petitioner has failed to maintain the mining pillars required to demarcate the mining areas and has failed to adopt the safety measures for carrying out the mining activities, as well as leveled other allegations also without seeking any response on the proposed allegation, a note has been appended in the 4 impugned show cause notice itself asking the petitioner to suspend the mining activities till further orders, which itself amounts to violation of principle of natural justice, as along with the notice itself, the suspension order of mining activities has been passed without hearing the petitioner. It is respectfully submitted that, the petitioner was served with another show cause notice dated 06.02.2025 by the Collector (Mining Division) Raipur on the basis of the inspection made by the mining inspector dated 11.01.2025, altogether on new grounds which were not present in the impugned show cause notice dated 18.01.2025 except with regard to the violation of Rule 51(11) of Chhattisgarh Minor Minerals Rules, 2015 which was replied by the petitioner by filing the detailed reply was filed dated 11.03.2025, requesting the authorities to permit the petitioner to carry out the mining operation, as there is no such violation, but no heed was paid till date, and no such order is passed permitting the petitioner to carry out the mining operation. Hence this petition challenging the legality and validity of the impugned show cause notice dated 18.01.2025 Hence this petition challenging the legality and validity of the impugned show cause notice dated 18.01.2025 which is in form of impugned order as well as subsequent show cause notice dated 06.02.2025. 4. He further contended that the issue involved in the present writ petition has already been considered and decided by this Court in W.P.(C) No.3735 of 2025 (Dewanand Sahu Vs. State of Chhattisgarh & 5 Ors.) and W.P.(C) No.3742 of 2025 (Jay Bajrang Audyogik Khadan Kamagar Cooperative Society Vs. State of Chhattisgarh & Ors.), therefore, in the present case, there is no need for hearing on I.A. No.1/2025 and the present writ petition may also be disposed of in terms of Dewanand Sahu (supra) & Jay Bajrang Audyogik Khadan Kamagar Cooperative Society (supra). 5. Learned State counsel has no objection. 6. In view of the submission made by learned counsel for the parties, the present writ petition is disposed of in terms of the order passed by this Court in Dewanand Sahu (supra) & Jay Bajrang Audyogik Khadan Kamagar Cooperative Society (supra). 7. A copy of the order passed in Dewanand Sahu (supra) Jay Bajrang Audyogik Khadan Kamagar Cooperative Society (supra) be placed in the record of the present writ petition. 8. Interlocutory application(s) pending, if any, stand(s) disposed of. Sd/- (Arvind Kumar Verma) Judge Vasant