Tarun Kuamr Mandal Vs. the State of Madhya Pradesh - Court Judgment

SooperKanoon Citationsooperkanoon.com/1053667
CourtMadhya Pradesh High Court
Decided OnApr-05-2013
AppellantTarun Kuamr Mandal
RespondentThe State of Madhya Pradesh
Excerpt:
1 w.p.no.5417/2013 5/4/2013: shri raghvendra kumar, learned counsel for the petitioner. issue notice to the respondents on payment of p.f.within one week returnable in four weeks. petitioner has filed this writ petition challenging an interim order passed by respondent no.2 as contained in annexure p/1 dated 11.2.2013. on the complaint of the petitioner submitted vide annexure p/4 to the collector concerned, the collector initiated proceedings and vide order annexure p/5 dated 27.9.2012 finding respondent no.5 to be indulging in illegal mining activities has canceled the mining lease granted to him. appeal is pending before respondent no.2 and in the pending appeal an interim order is passed vide annexure p/1 dated 11.2.2013 permitting respondent no.5 to carry out mining operation. however, while doing so the only reason given by respondent no.2 is that certain proceedings are pending before the sub divisional officer and therefore, respondent no.5 can be permitted to carry out mining operation and on such consideration the order of cancellation passed by the collector is stayed. prima facie once the collector has found illegal mining operation to be established, on the grounds as inidcated in annexure p/1 dated 11.2.2013 grant of interim stay was not proper, that also without impleading the complainant as a party and without hearing him. 2 considering all these aspects of the matter, till the next date of listing operation of order annexure p/1 dated 11.2.2013 passed by respondent no.2 is directed to be stayed. notice be made returnable by the 1st week of may, 2013. c.c.as per rules. (rajendra menon) judge mrs.mishra
Judgment:

1 W.P.No.5417/2013 5/4/2013: Shri Raghvendra Kumar, learned counsel for the petitioner.

Issue notice to the respondents on payment of P.F.within one week returnable in four weeks.

Petitioner has filed this writ petition challenging an interim order passed by respondent No.2 as contained in Annexure P/1 dated 11.2.2013.

On the complaint of the petitioner submitted vide Annexure P/4 to the Collector concerned, the Collector initiated proceedings and vide order Annexure P/5 dated 27.9.2012 finding respondent No.5 to be indulging in illegal mining activities has canceled the mining lease granted to him.

Appeal is pending before respondent No.2 and in the pending appeal an interim order is passed vide Annexure P/1 dated 11.2.2013 permitting respondent No.5 to carry out mining operation.

However, while doing so the only reason given by respondent No.2 is that certain proceedings are pending before the Sub Divisional Officer and therefore, respondent No.5 can be permitted to carry out mining operation and on such consideration the order of cancellation passed by the Collector is stayed.

Prima facie once the Collector has found illegal mining operation to be established, on the grounds as inidcated in Annexure P/1 dated 11.2.2013 grant of interim stay was not proper, that also without impleading the complainant as a party and without hearing him.

2 Considering all these aspects of the matter, till the next date of listing operation of order Annexure P/1 dated 11.2.2013 passed by respondent No.2 is directed to be stayed.

Notice be made returnable by the 1st week of May, 2013.

c.c.as per rules.

(Rajendra Menon) Judge Mrs.mishra