Himachal Pradesh High Court
Thakur Singh vs State Of H.P. & Another on 30 May, 2023
Bench: Tarlok Singh Chauhan, Virender Singh
1
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWP No.2946 of 2023
Date of Decision : May 30, 2023
.
Thakur Singh ......Petitioner
Versus
State of H.P. & Another ......Respondents
Coram:
The Hon'ble Mr. Justice Tarlok Singh Chauhan, Judge
The Hon'ble Mr. Justice Virender Singh, Judge.
Whether approved for reporting?1 No.
For the petitioner : Mr. Deepak Kaushal, Senior Advocate
r with Mr. Abhishek Verma, Advocate.
For the respondents : Mr. Anup Rattan, Advocate General with
Mr. I.N. Mehta, Senior Additional
Advocate General, Mr. Ramakant
Sharma & Ms.Sharmila Patial, Additional
Advocates General.
Tarlok Singh Chauhan, Judge (Oral)
Notice. Mr. Ramakant Sharma, learned Additional Advocate General appears and waives service of notice on behalf of the respondents.
2. The instant petition has been filed for grant of the following substantive relief:-
"A. That the respondents may kindly be directed to grant the mining lease in favour of the petitioner for area comprised in Khasra No.1 & 1/1, measuring 4-39-22 hectares in Village Malay P.O. Moondi, Up-Tehsil Thural, District Kangra, Himachal Pradesh.1
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B. That the amendment carried out vide annexure P-4 dated 6.4.2018, may be read down more specifically to Rule 34 of the Himachal Pradesh Minor Minerals (Concession) and .
Minerals (Prevention of Illegal Mining, Transport and Storage) Rules, 2015 as the same is not applicable in cases where mining lease over the shamlat land has been applied for installing stone crusher or for captive mining."
3. It appears from the record that prior to filing of the instant petition, the petitioner has already moved a representation on 23 rd December, 2022 (Annexure P-2) to the respondents. The same appears to have not been decided till date.
4. In the given facts and circumstances and without going into the merits of this case, we deem it appropriate to dispose of this petition by directing the respondents to consider and decide the representation moved by the petitioner, within a period of four weeks from today, in accordance with law. Ordered accordingly.
5. Pending miscellaneous application(s), if any, shall also stand disposed of.
For compliance, to come up on 4th July, 2023.
(Tarlok Singh Chauhan)
Judge
(Virender Singh)
May 30, 2023 (ps) Judge
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