1 / 6 2025:CGHC:56682 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 6060 of 2025 Sarpanch Gram Pittefulchur, Gram Panchayat Gudum, Tahsil- Durgukondal, Distt.- Uttar Bastar Kanker Cg Through Mrs. Ramkumari Pudo, Aged About 37 Years, W/o Mr. Bijlal Pudo, Sarpanch, Gram Pittefulchur, Gram Panchayat Gudum, R/o Village- Meregaon, Gram Panchayat Gudum, Police Station- Lo- hattar, Post- Gudum Tahsil- Durgukondal, Distt.- North Baster Kanker (C.G.) ... Petitioner versus 1 - State Of Chhattisgarh Through Its Secretary, Department Of Mineral Re- sources, Mahanadi Bhawan, Naya Raipur, Distt.- Raipur (C.G.) – 492002. 2 - Director Geology And Mining Directorate, Indravati Bhawan, Naya Raipur, Distt.- Raipur (C.G.) – 492002. 3 - Collector District- North Bastar Kanker (C.G.) – 494334 4 - Mining Officer Office Of Collector (Mining Branch), District- North Bastar Kanker (C.G.) – 494334. ... Respondents For Petitioner : Mr. Parag Kotecha, Advocate For Respondents-State : Mr. Satish Gupta, Govt. Advocate ALFIZA BAIG Digitally signed by ALFIZA BAIG Date: 2025.11.21 15:22:19 +0530 2 / 6 Hon'ble Shri Parth Prateem Sahu, Judge ORDER ON BOARD 21/11/2025 1. Heard. 2. Petitioner-Gram Panchayat, Pitefulchur, Tahsil Gudum, Distt. Uttar Bas- tar Kanker, has filed this writ petition seeking following reliefs. 10.1 Issue an appropriate writ of man- damus or any other direction declaring that execution of supplementary agreement un- der Rule 6(2) of the Chhattisgarh Minor Mineral Ordinary Sand (Quarrying and Trade) Rules, 2025 is optional and con- fined only to the purpose of securing ex- tension of tenure. 10.2 Quash and set aside the impugned notices dated 29.09.2025 (Annexure P/2) issued by the Mining Officer, North Bastar Kanker, compelling execution of supple- mentary agreement. 10.3 Declare that the petitioner's lease deed dated 23.02.2024 executed under the 2023 Rules shall remain valid and enforce- able for its entire five-year term. 10.4 Direct the respondents not to inter- fere with the petitioner's lawful mining op- erations during the subsisting term of the lease. 10.5 Any other relief or relief(s) which this Hon'ble Court may think proper in view of the facts and circumstances of the case may also kindly be granted.” 3. Learned counsel for petitioner submits that petitioner was awarded sand mining lease and a deed was executed on 23.02.2024. The lease period according to the existing provisions of law was of 5 years. It is contention of the learned counsel for petitioner that after execution of the lease deed the Chhattisgarh Minor Mineral Ordinary Sand (Quarry- 3 / 6 ing and Trade) Rules, 2025 (henceforth “Rules, 2025”) came into exis- tence and according to the provision under Rule 6 on the option of the quarry lease holder, the period upon execution of the supplementary agreement within 60 days of coming into force the amended Rules, 2025, the lessee may be entitled for a period of extension of one year of the lease period. Based on that provision, Respondent No. 4 has sent two letters to petitioner including a reminder letter ie., Annx. P-2 dated 29.09.2025, forcing them to execute the supplementary lease agreement. He contended that the amended rules as it come subse- quent to the execution of lease deed by petitioner, it cannot be made applicable forcefully. However, from the language of proviso to sub-rule 2 of Rule 6 it is apparent that it is only when the lessee opted for the said benefit as provided under Rule 6. Petitioner does not want further extension of one year based on the proviso under Rule 6 of Rules 2025. 4. Ld. State counsel oppose the submission and would submit that the language under the proviso 2 of Rule 6 is very clear that the benefit of extension of one year could be granted to quarry lease holder only when he executes supplementary agreement in Form as prescribed therein. If the petitioner, quarry lease holder, is not intending he may submit a specific letter to the concerned authority showing that peti- tioner is not intending to get the benefit of proviso to sub-rule 2 of Rule 6 of Rules 2025. 5. I have heard learned counsel for the parties and also perused the doc- uments enclosed along with writ petition. 6. It is not in dispute that the petitioner was allotted sand mining lease and the lease deed was also executed vide Annx. P-1, perusal of lease 4 / 6 deed would show that it was for the period from 23.02.2024 to 22.02.2029. It is also submission of learned counsel for petitioner that since the date of execution of lease deed, they are performing mining activities on the lease land allotted to petitioner. Respondent No. 4/ Collector (Mining Officer) has sent a letter to petitioner on 29.09.2025, perusal of contents of letter would show that, it bears the language used under proviso of clause of Rule 6 of the Rules, 2025 and further in the concluding paragraph there is mention that the petitioner may en- sure for submitting supplementary lease agreement. 7. Rule 6 of the Rules of 2025 is extracted below for ready reference: “6. Right of existing concession holders and applicants.- (1) All applications re- ceived prior to the date of commencement of these rules for the grant of quarry leases in accordance with Chhattisgarh Minor Mineral Ordinary Sand Quarrying and Trade (for Scheduled Areas) Rules, 2023 shall become ineligible. (2) Those cases, which are executed under the Chhattisgarh Minor Mineral Ordinary Sand (Quarrying and Trade) Rules, 2019 and Chhattisgarh Minor Mineral Ordinary Sand Quarrying and Trade (for Scheduled Areas) Rules, 2023, shall be deemed con- sidered valid for the remaining period sub- ject to all terms and conditions of the lease under the applicable rules in force: Provided that, if the aforementioned quarry lease holder executes supplemen- tary agreement in Form-1(A) or Form-1(B) as applicable and registered "Sand Avail- ability Provision" within 60 days from the date of commencement of these rules, they may be given an extension of 1 year in the existing lease period. (3) All the cases, where Letter of Intent has been issued but the deed is not executed under the Chhattisgarh Minor Mineral Ordi- 5 / 6 nary Sand (Quarrying and Trade) Rules, 2019 and Chhattisgarh Minor Mineral Ordi- nary Sand Quarrying and Trade (for Scheduled Areas) Rules, 2023, shall be deemed valid: Provided that in such cases, the re- vised Letter of Intent shall be issued with inclusive of "sand availability agreement." 8. Sub-rule 2 of Rule 6 clearly mentions that the cases which are exe- cuted under the Chhattisgarh Minor Mineral Ordinary Sand (Quarrying and Trade) Rules, 2019 and Chhattisgarh Minor Mineral Ordinary Sand Quarrying and Trade (for Scheduled Areas) rules, 2023, shall be deemed considered valid for the remaining period subject to all terms and conditions of the lease under the applicable rules in force. Meaning thereby the period for which the lease deed has been executed in favour of petitioner under earlier rules will continue according to the sub-rule 2 of Rule 6 of Rules of 2025 also. 9. Undisputedly, the lease deed which is executed in favour of petitioner is for the period of 05 years from 23.02.2024 and is coming to an end on 08.12.2029, according to the agreement. The proviso which is ap- pended to sub-rule 2 of Rule 6 of Rules, 2025, is in favour of petitioner giving benefit to the quarry lease holder that if the quarry lease holder has already executed an agreement under Rules 2019 and rules 2023 and period of lease is still in continuing then he can execute supple- mentary agreement within the period specified therein for getting the lease period extended for further 01 years. It is not mandatory or com- pulsion upon the quarry lease holder. 10. In the above facts of the case, where the petitioner, Gram Pan- chayat, has shown its intention to not opt for the benefit as provided 6 / 6 under proviso to sub-rule 2 of Rule 6 of Rules 2025 but in the letter written by the petitioner in the reply to the notice/ letter (Annx. P-2) it does not mentioned their intention of not wanting to take the benefit of proviso under Rule 6 in very clear terms. Therefore, this writ petition at this stage is disposed of granting liberty to petitioner to submit an appli- cation/ letter before Respondent No. 4, the authority who has issued notice Annx. P-2, showing their intention that they are not interested to get extension of one year and if such a letter/ reply is submitted by peti- tioner to the notice Annx. P-2, the concerned authority may consider and take appropriate decision on the same, keeping in mind the pro- viso under sub-rule 2 of Rule 6 of Rules, 2025. 11.With the above observation and direction, the writ petition is disposed of. sd/- (Parth Prateem Sahu) alfiza JUDGE