1 / 5 2025:CGHC:55020 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 5901 of 2025 • Sarpanch Gram Panchayat Mahud Tahsil- Charama, Distt.- Uttar Bastar Kanker C.G. Through Balkrishna Salam, Aged About 37 Years, S/o Mr. Radhelal Salam, Sarpanch, Gram Panchayat Mahud, Police Station- Charama, Post- Charama, Tahsil- Charama, Distt.- North Baster Kanker (C.G.) ... Petitioner versus 1. State Of Chhattisgarh Through Its Secretary, Department Of Mineral Resources, 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 Distt.- North Baster Kanker (C.G.) – 494334. 4. Mining Officer Office Of Collector (Mining Branch), Distt.- North Baster Kanker (C.G.) - 494334. ... Respondents For Petitioner : Mr. Parag Kotecha, Advocate For Respondents-State : Mr. Rishabh Bisen, Panel Lawyer Hon'ble Shri Parth Prateem Sahu, Judge ORDER ON BOARD 12/11/2025 1. Heard. 2. Petitioner-Gram Panchayat, Mahud, Tahsil Charama, Distt. Uttar Bastar Kanker, has filed this writ petition seeking following reliefs. 10.1 Issue an appropriate writ of mandamus or any other direction declaring that execution of supplementary agreement under Rule 6(2) of the Chhattisgarh Minor Mineral Ordinary Sand (Quarrying and Trade) Rules, 2025 is PAWAN KUMAR JHA Digitally signed by PAWAN KUMAR JHA 2 / 5 optional and confined only to the purpose of securing extension of tenure. 10.2 Quash and set aside the impugned notices dated 29.09.2025 (Annexure P/3) and 10.10.2025 (Annexure P/4) issued by the Mining Officer, North Bastar Kanker, compelling execution of supplementary agreement. 10.3 Declare that the petitioner's lease deed dated 08.09.2023 executed under the 2023 Rules shall remain valid and enforceable for its entire five-year term. 10.4 Direct the respondents not to interfere with the petitioner's lawful mining operations 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 08.09.2023. 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 (Quarrying and Trade) Rules, 2025 (henceforth “Rules, 2025”) came into existence 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-3 dated 29.09.2025 and reminder notice dated 10.10.2025, Annx. P-4, forcing them to execute the supplementary lease agreement. He contended that the amended rules as it come subsequent 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 3 / 5 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 petitioner 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 documents 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 deed would show that it was for the period from 26.09.2023 to 25.09.2028. 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 and further a reminder letter is also sent on 10.10.2025 (Annx. P-3 & P-4), 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 ensure 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 received 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 4 / 5 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: Provided that, if the aforementioned quarry lease holder executes supplementary agreement in Form-1(A) or Form-1(B) as applicable and registered "Sand Availability 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 Ordinary Sand (Quarrying and Trade) Rules, 2019 and Chhattisgarh Minor Mineral Ordinary Sand Quarrying and Trade (for Scheduled Areas) Rules, 2023, shall be deemed valid: Provided that in such cases, the revised 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 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 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 26.09.2023 and is coming to an end on 25.09.2028, according to the agreement. The proviso which is appended 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 5 / 5 continuing then he can execute supplementary agreement within the period specified therein for getting the lease period extended for further 01 years. It is not mandatory or compulsion upon the quarry lease holder. 10.In the above facts of the case, where the petitioner, Gram Panchayat, has shown its intention to not opt for the benefit as provided 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-3 & P-4) 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 application/ letter before Respondent No. 4, the authority who has issued notice Annx. P-3 & P-4, showing their intention that they are not interested to get extension of one year and if such a letter/ reply is submitted by petitioner to the notice Annx. P-3 & P-4, the concerned authority may consider and take appropriate decision on the same, keeping in mind the proviso 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) pwn JUDGE