Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:48727-DB
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPPIL No. 65 of 2025 Kholbahara Kenwat S/o Late Akti Ram Kenwat Aged About 63 Years R/o Village - Nandeli, Post - Aamgaon, Tahsil - Jaijaipur, District - Sakti (C.G.)
... Petitioner versus 1 - State of Chhattisgarh Through - The Secretary, Department Of Mining, Mantralaya Of Mahanadi Bhawan, Atal Nagar, Raipur, District - Raipur (C.G.) 2 - Secretary State of Chhattisgarh, Revenue Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Raipur, District - Raipur (C.G.) 3 - Collector (Mining Branch) Sakti, District - Sakti (C.G.) 4 - Superintendent Of Police Sakti, District - Sakti (C.G.) 5 - Sub Divisional Officer Revenue Sakti, District - Sakti (C.G.) 6 - Tahsildar Jaijaipur, Tahsil - Jaijaipur, District - Sakti (C.G.) 7 - Manharan Sahu S/o Chinta Ram Sahu R/o Village - Nandeli, Tahsil - Jaijaipur, District - Sakti (C.G.) 8 - Rajeshwar Sahu S/o Manharan Sahu R/o Village - Nandeli, Tahsil - Jaijaipur, District - Sakti (C.G.) 9 - Sevti Bai Sahu W/o Manharan Sahu R/o Village - Nandeli, Tahsil - Jaijaipur, District - Sakti (C.G.) 10 - Rajni Sahu W/o Rameshwar Sahu Aged About 30 Years R/o Village - Nandeli, Tahsil - Jaijaipur, District - Sakti (C.G.)
... Respondents (Cause title taken from CIS)
2 For Petitioner : Shri Yogesh Kumar Chandra, Advocate. For Respondent/State : Shri Shashank Thakur, Dy.A.G.
Hon'ble Shri
Ramesh Sinha,
Chief Justice
Hon'ble Shri Bibhu Datta Guru,
Judge
Order
on Board
Per
Ramesh Sinha
, Chief Justice
23.09.2025
1. Heard. 2. This petition has been filed seeking for the following reliefs:-
“(i) That, this Hon'ble Court may kindly be pleased to direct the respondent state authorities to immediately stop all illegal mining of Minor Mineral carried out in the Government Land bearing Khasra No(15) 16/1 situated at Village Nandeli, Tahsil Jaijaipur, District Sakti (C.G.). (ii) That, this Hon'ble Court may kindly be pleased to direct the respondent state authorities to take action against the private respondent No. 7 to 8 and other mining mafia, who are carrying out illegal mining over the subject government land without any authority or lease granted by the State Government under the Chhattisgarh Minor Mineral Rules, 2015. (iii) Pass any other order the Hon'ble Court may deem fit in the interest of justice. 3.
On the last date of hearing i.e. 21/08/2025, while going through the affidavit filed by the Secretary, Department Mining, it was observed that during the visit of the In-charge Mining Inspector to village Nandeli, Jaijaipur Area, one JCB machine was found engaged in illegal excavation by its owner, Shri Ramchand Kewat. The said vehicle was seized, and a fine of Rs. 26,000/- was deposited along with the execution of an agreement under the mineral terms. Further, during the spot inspection conducted on 09.10.2024, it was found that the excavation work had been stopped. Investigation
3 proceedings were carried out on the spot in the presence of the complainants, and a board bearing the inscription “Excavation Prohibited Area” was placed at the site. Subsequently, by letter dated 06.06.2025, permission was granted for dumping 55,000 metric tonnes and 45,000 metric tonnes of fly ash on Government land bearing Khasra No. 15, admeasuring 2.732 hectares, situated at village Nandeli, Tehsil Jaijaipur, District Sakti. Additionally, fines have also been imposed on the responsible persons, namely Shri Manharan Lal and Shri Rajeshwar Sahu, for carrying out illegal excavation and operating a stone quarry on the aforesaid Government land. 4. Today, on a pointed query being made by the learned counsel for the parties regarding the illegal mining carried out in the Government Land situated at village Nandeli, Tahsil Jaijaipur, District Sakti, it has been submitted jointly that the excavation work has been stopped. 5. In view of the above, nothing remains in this petition to adjudicate further. Accordingly, the WPPIL stands disposed of. It is directed that the security amount so deposited by the petitioner, be refunded. 6. It is made clear that the State authorities shall ensure that no such activities shall be allowed to continue. SD/- SD/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Amardeep