1 CGHC010295042026 2026:CGHC:34419 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4097 of 2026 Dinesh Chandravanshi S/o Dhani Ram Chandravanshi Aged About 47 Years R/o Ward No. 8, G. Shayam Nagar Kawardha, District- Kawardha (C.G.) ... Petitioner versus 1 - State Of Chhattisgarh Through The Secretary, Mineral Resources Department, Mantralaya, Mahanadi Bhawan, Naya Raipur, Atal Nagar, Raipur, District- Raipur, (C.G.) 2 - State Of Chhattisgarh Through Collector, Mauja Rahman Kappa, Tahsil Pandariya, District- Kabirdham, District- Kabirdham, (C.G.) 3 - State Of Chhattisgarh Through Director, Geology And Minning, Nava Raipur, Atal Nagar, Chhattisgarh, Through- Collector, (Mineral Branch), Distirct- Kabirdham (C.G.) 4 - Mining Officer Collector, Office (Mining Branch) District- Kabirdham (C.G.) 5 - Deputy Direcotr (Mineral Administration) Mining Officer/ Assistant Mining Officer Collectors Office (Mineral Branch) District- Kabirdham (Chhattisgarh) 6 - Forest Circle Officer Forest Circle Pandariya (R.O.) District- Kabirdham (C.G.) 7 - District Forest Officer Kawardha Forest, District- Kabirdham (C.G.) 8 - Tahsildar Pandariya, District- Kabirdham, (C.G.) ... Respondents (Cause title is downloaded from CIS Periphery.) Digitally signed by AMIT PATEL 2 For Petitioner : Mr. Pawan Kesharwani, Advocate For State/Respondents: Mr. Anand Dadariya, Dy.A.G. Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 06.08.2026 1. The petitioner has filed the instant petition for following reliefs:- “10.1 To call for the entire records pertaining to the petitioner's case for the kind perusal of the Hon'ble Court. 10.2 To set aside the order dated 25.05.2026 passed by the respondent No. 2 (Annexure-P-1) 10.3 To allow the present petition and directed the respondent authority to consider the application for grant of mining lease submitted since 31/07/2015 before the respondent No. 2 Collector (Mining Branch) Kabirdham Chhattisgarh (Annexure-P-2) as early as possible within 1 are 2 months. 10.3 Cost of petition may be allowed. 10.4 Grant any other relief(s)/ order(s)/ direction(s) in favour of petitioner, which may deem fit and proper in the facts and circumstances of the case, in the interest of justice. 2. Learned counsel for the petitioner submits that the order dated 25.05.2026 passed by respondent No. 2, whereby the learned 3 Collector, Kabirdham, rejected the application submitted by the petitioner for grant of a mining lease, which has been pending since 31.07.2015, on the ground that the Collector has no jurisdiction to decide the petitioner's application in view of the directions contained in Order No. M.VI.16/7/2024-Mines VI-Part (6) dated 13.10.2025 issued by the Ministry of Mines, Government of India, and the proposal of the Mineral Officer, Kawardha. He further submits that since the impugned order has not been passed on merits, the plea of alternative remedy cannot be taken. 3. Learned counsel for the State submits that the order dated 25.05.2026 has rightly been passed by respondent No. 2/Collector, as an application seeking grant of a mining lease can only be decided by the Director, Directorate of Geology and Mining, Chhattisgarh, under the provisions of Rule 77 of the Chhattisgarh Minor Mineral Rules, 2015. 4. Having heard learned counsel for the parties, upon due consideration of the facts and circumstances of the case, perusal of the documents available on record and the submissions advanced on behalf of the petitioner as well as the learned counsel for the State, it appears that under the provisions of the Chhattisgarh Minor Mineral Rules, 2015, the competent authority is the Director, Directorate of Geology and Mining and the Collector has no power or authority to grant a mining lease in respect of minor minerals. As such, the petitioner, if so advised, shall file an appropriate application/appeal/revision before the 4 concerned Director in accordance with law under the provisions of the Chhattisgarh Minor Mineral Rules, 2015. Upon such application/appeal/revision being filed, the concerned authority is directed to consider and decide the same in accordance with law. It is made clear that neither the Collector nor this Court has passed any order on the merits of the case, and it is upon the competent authority to decide the matter in accordance with law. The petitioner is directed to approach the concerned authority by filing the appropriate application/appeal/revision within a period of 15 days from the date of this order and in turn, the concerned authority is directed to consider and decide the same, in accordance with law, within a period of 30 days thereafter. 5. With this observation and direction, this petition stands disposed of. Sd/- (Amitendra Kishore Prasad) Judge AMIT PATEL