M/S CHHATTISGARH POWER AND COAL BENEFICIATION LIMITED v. STATE OF CHHATTISGARH
WPC/3952/2026 · 2026-07-29
Shri Amitendra Kishore Prasad
body2026
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[ 2026 DAILYLAW 30241 (CHH) · dailylaw.ai ]
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[ 2026 DAILYLAW 30241 (CHH) · dailylaw.ai ]
Judgment text
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1
CGHC010290652026
2026:CGHC:32810
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3952 of 2026 1 - M/s Chhattisgarh Power And Coal Beneficiation Limited (A Company Incorporated Under The Provisions Of The Companies Act, 1956, As Amended) Having Its Registered Office At, Agrawal Bhawan, Vidhya Nagar, Bilaspur, Chhattisgarh-495001, Through Its Director And Authorised Signatory, Mr. Shikhar Agrawal
... Petitioner versus 1 - State Of Chhattisgarh Through Secretary, Mineral Resources Department, Having Its Office At, Mahanadi Bhavan, Nawa Raipur, Atal Nagar, Raipur, Chhattisgarh. 2 - Directorate Of Geology And Mining Through Its Director, Having Its Director, Having Its Head Office At, Indravati Bhavan, Block-4, Second Floor, Nawa Raipur Atal Nagar, Chhattisgarh India 3 - The Collector (Mines) Bilaspur, Chhattisgarh. 4 - Deputy Director (Mines) Office Of Collector (Mining), Bilaspur, Chhattisgarh.
... Respondents For Petitioner(s) : Mr. Ankit Singhan, Advocate For State : Mr. Anand Dadariya, Dy. A.G. ABHIGYA SAXENA Digitally signed by ABHIGYA SAXENA
2 Hon’ble Mr. Justice Amitendra Kishore Prasad
Order on Board 30.07.2026
1. Learned counsel for the petitioner submits that he has challenged the order dated 14.07.2026 (Annexure P/1) wherein instead of extending the ‘storage permit’ for the period of 10 years, the authorities concerned has stated that it would be upto 31st of December, 2026. He further submits that this is against the rules and being aggrieved he filed this petition.
2. This petition has been filed by the petitioner seeking for the following relief(s) :-
“10.1. That, this Hon'ble Court may kindly be pleased to pass any appropriate writ, order or direction to quash and set aside the impugned
order dated 14.07.2026 passed by the Respondent No. 4 on the instructions of the Respondent No. 3 to the extent that the storage permit has been renewed only for a period till 31.12.2026 or till such time State of Chhattisgarh issues appropriate direction with respect to distance to be maintained from Ramsar Site, whichever is earlier, in the interest of justice;
10.2. That, this Hon'ble Court may kindly be pleased to pass any appropriate writ, order or direction and direct the Respondent No. 3 and 4 to renew the storage permit of the
3 Petitioner for a period of 10 years in accordance with Rule 12 of the Chhattisgarh
Minerals
(Mining, Transportation and Storage) Rules, 2009, in the interest of justice;
10.3. Any other relief or relief(s) which this Hon'ble Court may deem fit and proper in view of the facts and circumstances of the case, may also kindly be granted.”
3. Learned counsel appearing for the State submits that an alternative efficacious statutory remedy is available to the petitioner, which has neither been availed of nor exhausted. Therefore, the present petition is not maintainable. He further submits that the provisions of the Chhattisgarh Minerals (Mining, Transportation and Storage) Rules, 2009 provide for an appeal or revision against any order passed in respect of matters governed by the said Rules. In view of the availability of such statutory remedy, the petitioner ought to have approached the competent appellate or revisional authority before invoking the extraordinary jurisdiction of this Court. 4. The Chhattisgarh Minerals (Mining, Transportation and Storage) Rules, 2009 as amended on 18.03.2015 relevant Rule reads as under :-
“Chapter-IV A APPEAL AND REVISION 17A. Appeal or revision. – Notwithstanding anything contained in
4 these rules, appeal or revision against every order passed in respect of any subject under these rules shall be made in accordance with the provisions of Chapter-XIV of the Chhattisgarh Minor Miniral Rules, 1996 (an amended).”
5. In view of the availability of an efficacious alternative statutory remedy, the petitioner is relegated to avail the remedy available under the law. This Court has not expressed any opinion on the merits of the case. In the event the petitioner avails such remedy, the competent authority shall consider and decide the same in accordance with law, after affording due opportunity of hearing to the petitioner, by passing a reasoned and speaking order. 6.
Accordingly, the writ petition stands disposed of. Sd/- (Amitendra Kishore Prasad) Judge Saxena