Himachal Pradesh High Court
Ganga Ram vs State Of H.P. Through Secretary on 10 November, 2021
Author: Sabina
Bench: Sabina
1 IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA ON THE 10th DAY OF NOVEMBER, 2021 BEFORE .
HON'BLE MR. JUSTICE MOHAMMAD RAFIQ CHIEF JUSTICE & HON'BLE MS. JUSTICE SABINA CIVIL WRIT PETITION No.6949 of 2021.
Between:-
1. GANGA RAM, S/O SH. SHISH RAM, RESIDENT OF VILLAGE BRAGTA, P.O. HARA -BOE, TEHSIL NIHRI, DISTRICT MANDI, H.P.
2. NARESH KUMAR, S/O LATE SH. NAND LAL, RESIDENT OF VILLAGE & P.O. HARA-BOE, TEHSIL NIHRI, DISTRICT MANDI, H.P.
3. RAM KRISHAN, S/O LATE SH. NAND LAL, RESIDENT OF VILLAGE & P.O. HARA-BOE, TEHSIL NIHRI, DISTRICT MANDI, H.P.
4. RAJESH KUMAR, S/O LATE SH. NAND LAL, RESIDENT OF VILLAGE & P.O. HARA-BOE, TEHSIL NIHRI, DISTRICT MANDI, H.P. ...... PETITIONERS (BY MR. VINAY MEHTA, ADVOCATE).
AND
1. STATE OF H.P. THROUGH SECRETARY (INDUSTRIES) TO THE GOVT. OF HIMACHAL PRADESH, SHIMLA.
2. STATE OF H.P. THROUGH SECRETARY (EDUCATION) TO THE GOVT. OF HIMACHAL PRADESH, SHIMLA-2.
3. DEPUTY DIRECTOR, ELEMENTARY EDUCATION, MANDI, DISTRICT MANDI, H.P.
4. DEPUTY COMMISSIONER, MANDI, DISTRICT MANDI, H.P.
5. SUB DIVISIONAL MAGISTRATE, SUNDERNAGAR, DISTRICT MANDI, H.P. ::: Downloaded on - 31/01/2022 23:16:05 :::CIS 2
6. MINING OFFICER, MANDI, DISTRICT MANDI, H.P.
7. SUPERINTENDENT OF POLICE, MANDI, DISTRICT MANDI, H.P. .
.... RESPONDENTS.
(BY MR. ASHOK SHARMA, ADVOCATE GENERAL WITH MR. VIKAS RATHORE, ADDITIONAL ADVOCATE GENERAL).
This petition coming on for admission this day, Hon'ble Mrs. Justice Sabina, passed the following:
r ORDER The petitioners have filed the petition under Article 226 of the Constitution of India seeking following reliefs:
a) That the respondents may very kindly be directed to take action against the persons are involved in illegal mining in accordance with the mining law.
b) That the respondents may very kindly be directed to take necessary action to stop the illegal mining activities for the safeguard the life and property of the petitioners or in the alternative, the persons who are involved in the illegal mining may kindly be directed to pay damages to the petitioners as per the law of land.
c) That the respondent No.3 may kindly be directed to take necessary action against the persons who has put the school property and life of the students in Govt. Primary School in danger and in the alternatively prayed that respondent No. 3 may kindly be directed to lodge FIR against those persons who are involved in the activities of illegal mining in the ::: Downloaded on - 31/01/2022 23:16:05 :::CIS 3 premises of Govt. Primary School with the respondent No. 7.
.
d) That the entire record pertaining to the instant case may please be summoned and examined, which would help this Hon'ble Court to arrive at just conclusion.
e) That the present Civil Writ Petition may kindly be allowed with costs throughout.
2. Learned counsel for the petitioners has submitted that the petitioners are co-owners in possession of the land comprised in Khewat/Khatauni No.38/65, Khasra Nos.513, 518, 521, 522, 529, 530, 535/1, 551 Kita-8, measuring 26-02-05 bighas, Khewat Khatauni No.40/67, Khasra Nos.52, 55, 56 and 57, measuring 00-04-04 bighas, Khewat/Khatauni No.41/69, Khasra No.63, measuring 00-19-09 bighas, situated in Mohal Bali-Batadi/287, Tehsil Nihri, District Mandi, H.P. Petitioners made a representation to respondents No.5 and 6 regarding illegal mining of minerals being carried out in their land, but no action had been taken on the same so far. Illegal mining was also being carried out in the area of Government Primary School building. Due to the illegal mining activities, which were going on for the last 10-15 years, the school building had become unsafe. Learned counsel has also made reference to the photographs available on record.
3. After going through the facts and circumstances of the case, without going into the merits of the submissions made by learned ::: Downloaded on - 31/01/2022 23:16:05 :::CIS 4 counsel for the petitioners, we deem it appropriate to dispose of the writ petition with liberty to the petitioners to approach respondent No.4 .
by making a detailed representation with regard to their grievances within a week. Respondent No.4 shall inspect the spot and assess the factual position within a period of one month from the date of filing of the representation before him by the petitioners and in case it is found that any illegal mining was being carried out in the areas pointed out by the petitioners, respondent No.4 shall take action, in accordance with law, to stop the illegal mining activities. Pending application(s), if any, shall also stand disposed of.
(Mohammad Rafiq)
Chief Justice
(Sabina)
November 10, 2021(ps) Judge
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