1 2025:CGHC:8449 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CONT No. 215 of 2025 M/s Tayang Sand Mines, Through Its Proprietor Ahmed Raza, Aged About 47 S/o Sheikh Azim, R/o Ward No 25, Dhamtari, District Dhamtari (Cg) ... Petitioner versus P. Dayanand, Secretary Directorate Of Geology And Mining, Indravati Bhawan, Block- 4, Second Floor, Naya Raipur, District Raipur (Cg) (Contemenor) ... Respondent --------------------------------------------------------------------------------------------------- For Petitioner : Mr. Vikram Sharma, Advocate For Respondent : Ms. Pragya Shrivastava, Dy. Govt. Advocate --------------------------------------------------------------------------------------------------- Hon'ble Shri Arvind Kumar Verma, Judge Order on Board 18.02.2025 1. The present contempt petition has been filed by the petitioner under Article 215 of the Constitution of India read with Section 12 of the contempt of courts act, alleging non-compliance of order of this Court dated 27.09.2024 passed in WPC No. 4881 of 2024. Relevant portion of order dated 27.09.2024 reads as under:- “4. In view of above, this writ petition is disposed off and it is expected that respondent no. 1 shall take decision on the appeal filed by the petitioner (Annexure P/9) within a period of 90 days from the date of receipt of copy of this order. This court has not expressed any opinion on the merits of the case.” 2. Learned counsel for the petitioner would submit that after passing of the order of this court in WPC No. 4881/2024, the petitioner apprised the authority about the order of the court vide order dated 27.09.2024 thereafter the matter was heard finally on 14.11.2024 and the written statement was filed on 25.11.2024(Annexure C-3). However, till date no order has been passed and therefore, the respondent no. 1 has flouted the order of this court by not 2 completing the proceedings within 90 days. In spite of clear direction passed by this court, the appeal is pending under Sub-Rule (3) of the Rule 77 of the Chhattisgarh Minor Mineral Rule 2015. Hence he pleads this court to take necessary steps to initiate contempt proceedings against the respondent who has violated the order of this court. 3. Learned counsel for the respondent/State submits that on getting instruction from the concerned respondent authority, the order of this court would positively be complied with, within 30 days from today. 4. On bare perusal of the documents produced by the counsel for the respondent and the submission made by both the parties, it transpires that respondent no. 1 was directed to take decision on the appeal filed by the petitioner within 90 days from the date of receipt of the copy of the order. And even final argument has been heard by the Secretary Mining and written statement has already been filed by the petitioner on 25th of November, 2024, but till now no decision has been passed by the competent authority. 5. In view of the above, respondent no. 1/The Secretary Department of Geology and Mining Mantralaya, Mahanadi Bhawan, Naya Raipur is directed to pass order/decision in accordance of law positively on or before 15th of March, 2025. If the respondent no. 1 fails to decide or pass the appropriate order within prescribed time frame, some serious views would be taken against him for non- compliance of the order of this court. 6. Accordingly, the instant contempt petition stands disposed of with the aforesaid direction, if at all, the petitioner is aggrieved of the subsequent order, he would be at liberty to assail the same by way of fresh proceedings. sd/- (Arvind Kumar Verma) Judge alfiza