1 2025:CGHC:32004 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3542 of 2025 1 - Shri Jitendra Kumar Dhimar S/o Shri Mahesh Kumar Dhimar Aged About 41 Years Banspahari, Ward No. 39, Rajnandgaon, Tehsil And District- Rajnandgaon (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Department Of Mining, Block- 4, First And Second Floor, Indrawati Bhawan, Atal Nagar, Nava Raipur (C.G.) 2 - The Collector District Balod, (C.G.) 3 - The Assistant Mining Officer Office Of The Collector (Mining Branch), District Balod (C.G.) 4 - The Sub-Divisional Officer (Revenue) Sub-Division Dondilohara, District Balod, (C.G) 5 - The Tehsildar Tehsil Marri- Bangla- Deori, District Balod, (C.G.) 6 - The Sarpanch Gram Panchayat Bhandera, Village Bhandera, Tehsil Marri- Bangla- Deori, District Balod, (C.G) ... Respondent(s) SUGUNA DUBEY Digitally signed by SUGUNA DUBEY Date: 2025.07.14 11:13:51 +0530 2 For Petitioner(s) : Shri Gautam Khetrapal, Advocate For Respondent/State : Shri Satish Gupta, GA (Hon’ble Shri Justice Arvind Kumar Verma) Order on Board 10/07/2025 By way of this petition the petitioner is challenging the notice dated 25.04.2025 issued to the petitioner by the respondent NO.3, Assistant Mining Officer, District Balod. It is the case of the petitioner that for the purpose of mineral proessing and storage, the petitioner had submitted application under Form-4 as per Rule 6(1) of the Chhattigarh Mineral (Prevention of Illegal Mining, Transportation and Storage) Rules, 2009 in the month of June 2025 before the Collector, District Balod for temporary storage permission of crusher, grits, limestone and Pharsi pathar on private land bearing Khasra Nos. 169 and 170, 1.18 hectares situated at village Bhadera, Tehsil Marri Bangla- Deori, District Balod. Subsequently, after completion of the procedural and statutory requirements, submission of Form-4, payment of requisite fees, obtaining NOCs and submission of all the documents, a tyrial run of the crusher was conducted at the designated site. On 25.04.25, the petitioner received a notice from the respondent No.3 directing him to appear in person in connection with the proposed placement of crusher. In compliance thereof, the petitioner appeared however the final agreement could not be executed. He therefore filed the present petition seeking for the following reliefs: “10.1. to issue a direction to the respondent to expeditiously execute the final shortage and 3 crushing agreement and grant the storage permit in favor of the petitioner, in accordance with Rule 6 of the Chhattisgarh Mineral (Prevention of Illegal Mining, Transportation and Storage) Rules, 2009. 10.2. To quash or disregard any action or proceeding arsing out of the complaint made during Su-shasan Tihar 2025, being baseless, malafide and contrary to the permissions already granted to the petitioner including NOC from Gram Panchayat, Environmental Clearance and revenue verification. 10.3. Any other relief/order which may deem fit and just in the facts and circumstances of the case including award of the costs of the petitioner may be given.” 2. Counsel for the petitioner submits that the petitioner has duly complied the required legal and procedural formalities for establishingof crusher and for obtaining the temporary storage license including submission of Form -4 on 28.05.2024 befor ethe Ditrict Collector, Balod, payment of fess, procurement of NOC from the Gram Panchayat, submission of land demarcation and site inspection report from the Tahsildar and Sub Divisional Officer and securing environmental clearnace from the CG Environment Conservation Board. The petitioner is aggrieved by the administrative inaction of the authorities concerned. 3. Heard learned counsel for the petitioner and perused the documents annexed with the petition. 4. Rule 9 of the CG Minerals (Mining, Transportation and Storage) Rules, 2009 deals with: 4 “9. Disposal of application for storage permit or its renewal. (1) The competent authority after making such enquiries as he may deem fit, grant or renew the storage permit and shall issue such permit in Form 7 or refuse to grant or renew the permit. Provided that the competent authority shall not refuse to grant or renew the permit for the whole or part of the area applied without giving an opportunity of hearing to the applicant and without recording the reason for refusal in writing and communicating the reasons for refusal to the applicant. Provided that if the application submitted by the applicant is without accompanying proper document, receipt challan of the fee, shall be rejected directly and it does not require to inform the applicant. 2. If a temporary permit holder wishes to continue the storage for further period,he shall submit an application 90 days prior to before the expiry along with the fee deposited in such a manner a shown in sub-rule (3) of Rule 6 of these rule in Form 4 and submit all the relevant documents which were submitted at the time of original application as per sub-rule (4) of Rule (60 of these rules. If the application for such renewal is not disposed off within the prescribed time period, the period of such permit shall be deemed to have been extended by a further period for which the permit was originally granted till the competent authority passes an order thereon. (3) the competent authority may at his/her own discretion refuse to grant or renew the permit to such person who is convicted of any offence under the Act or Rules made thereunder.” The application of the petitioner for establishment of crusher and storage license is pending since 05.06.2025 and 90 days have not yet elapsed, no order has been passed in favour or against the petitioner, therefore at this stage, no cause of action arose for the petitioner at this stage. 5 5. Counsel for the petitioner submits that he may be permitted to withdraw this petition with liberty to file petition afresh, when cause of action arises. 6. Accoridingly the petition is dismissed as withdrawn with the aforesaid liberty. Sd/- (Arvind Kumar Verma) Judge