Himachal Pradesh High Court
Bhupinder Singh Thakur vs State Of Himachal Pradesh & Others on 14 July, 2015
Bench: Chief Justice, Tarlok Singh Chauhan
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 2496 of 2014J Decided on: 14.07.2015 .
Bhupinder Singh Thakur ...Petitioner.
Versus State of Himachal Pradesh & others ...Respondents.
Coram The Hon'ble Mr. Justice Mansoor Ahmad Mir, Chief Justice.
The Hon'ble Mr. Justice Tarlok Singh Chauhan, Judge.
Whether approved for reporting?
For the petitioner: Mr. Hamender Chandel, Advocate.
For the respondents: Mr. Shrawan Dogra, Advocate General, with Mr. Anup Rattan & Mr. Romesh Verma, Additional Advocate Generals, and Mr. J.K. Verma, Deputy Advocate General, for respondents No. 1 to 4.
Ms. Charu Gupta, Advocate, for respondent No. 5.
Mansoor Ahmad Mir, Chief Justice (Oral) Writ petitioner has sought the following reliefs amongst others on the grounds taken in the memo of the writ petition:
::: Downloaded on - 15/04/2017 18:33:54 :::HCHP: 2 : "i) That the respondents may be directed to take appropriate steps to stop the illegal mining in BanutiKadaichiDedho Ghati .
Pahal Raod, near Shimla.
ii) That the respondents may be directed to take action against the violators in terms of the Mines and Minerals (Development and Regulation) Act, 1957.
iii) That the respondents may be directed to take penal action and the violators may be directed to deposit the penalty and royalty for the loss of minerals of the r State."
2. The respondents have filed replies separately wherein they have stated that action has been taken against the defaulters.
3. In terms of orders, dated 22.04.2015 and 01.06.2015, the writ petitioner was asked to show as to who is the defaulter and which officer(s) is involved in the breach of the Act and the Rules, has failed to do so.
4. We have gone through the writ petition read with the replies filed by the respondents. The writ petition merits to be dismissed in view of the replies.
5. Accordingly, the writ petition is dismissed alongwith all pending applications. However, the writ petitioner is at ::: Downloaded on - 15/04/2017 18:33:54 :::HCHP : 3 : liberty to seek appropriate remedy if he finds any person doing illegal mining.
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(Mansoor Ahmad Mir) Chief Justice (Tarlok Singh Chauhan) Judge July 14, 2015 ( rajni ) ::: Downloaded on - 15/04/2017 18:33:54 :::HCHP