Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:52484
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 5585 of 2025 Amit Jethani S/o Shrichand Jethani Aged About 39 Years R/o 03/1308, Wearhouse Road, Mahamaya Vihar, Bilaspur Distt. Bilaspur, Chhattisgarh
... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Mineral Resources, Mantralaya, Mahanadi Bhawan, Atal Nagar, Raipur, District- Raipur (C.G.) 2 - Director Directorate Of Geology And Mining, Indrawati Bhawan, Atal Nagar, Raipur, District- Raipur (C.G.) 3 - Collector (Mining Branch) District Janjgir-Champa Chhattisgarh ---- Respondents For Petitioner
: Mr. Jitendra Gupta, Advocate For State : Mr. Satish Gupta, GA Hon'ble Shri Justice Arvind Kumar Verma
Order on Board 28/10/2025
1. By way of this petition, petitioner sought following relief(s) :
“10.1. The Hon’ble Court may kindly be pleased to call for entire records of the mater in hand. VASANT KUMAR Digitally signed by VASANT KUMAR Date: 2025.10.29 13:12:01 +0530
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10.2. The Hon’ble Court may kindly be pleased to quash the impugned orders dated 13.11.2024 (Annexure P-1) and 22.07.2025 (Annexure P-2).
10.3. The Hon’ble Court may kindly be pleased to issue appropriate writ/writs, direction/directions,
order/orders to the respondent authorities to restore the storage (Anne.P-3).
10.4. Any other relief, which the Hon’ble Court deems fit looking to the facts and circumstances of the case, may also be granted to the petitioner.”
2. At the very outset, learned counsel for the State contended that alternate remedy available to the petitioner under Rule 77(3) of the Chhattisgarh Minor Mineral Rules, 2015 to the petitioner, therefore, this petition is not maintainable.
3. I have perused the provision of Rule 77(3) of the Chhattisgarh Minor Mineral Rules, 2015, which provides as under :
“77 (3). Where any power is exercisable by the Director under these rules, in relation to any matter, an appeal shall lie from order passed under these rules to the State Government.”
4. In view of the above, it is crystal clear that there is a provision to file an appeal and statutory alternative remedy is available to the petitioner, therefore, this petition is not maintainable.
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5. Accordingly, this petition is dismissed as not maintainable. However, the petitioner is at liberty to file appropriate appeal before the appropriate Forum against the order of the Director.
6. Registry is directed to return the certified copy of the impugned order after retaining photocopy of the same. Sd/-
(Arvind Kumar Verma) Judge Vasant