Global Mineral Suppliers vs State Of Chhattisgarh
2021 Latest Caselaw 3721 Chatt

                                                1


                                                                                      NAFR
                   HIGH COURT OF CHHATTISGARH AT BILASPUR
                                    WPC No. 3570 of 2021
             Global Mineral Suppliers Through Its Proprietor, Nawab Mohammad
             Khan, S/o Shri Abdul Rahman, Aged About 47 Years, Permanent R/o
             Amraiya Par, Kemor, District Katni Madhya Pradesh, District : Katni *,
             Madhya Pradesh
                                                                            ---- Petitioner
                                              Versus
          1. State Of Chhattisgarh Through The Secretary , Department Of Geology
             And Mining , Mantralaya, Mahanadi Bhawan, Nava Raipur , Atal Nagar,
             District Raipur Chhattisgarh
          2. Director Geology And Mining Indravati Bhawan, Nava Raipur, Atal Nagar,
             District Raipur Chhattisgarh.
          3. The Collector (Mining) District Koriya Chhattisgarh.
          4. Mining Officer District Koriya Chhattisgarh.
                                                                        ---- Respondents

For Petitioner/s : Mr. Manish Nigam, Advocate For State : Mr. Alok Bakshi, Addl. AG with Mr. Rahul Jha, GA

Hon'ble Shri Justice P. Sam Koshy

Order on Board

15/12/2021

1. The limited grievance that petitioner raises in the present writ petition is

for appropriate direction to the respondent no.3 for considering and

deciding his application for renewal of the temporary storage permit

under the Chhattisgarh Mineral(Mining, Transportation and Storage)

Rules, 2009.

2. Contention of the petitioner is that the petitioner had a valid permit with

the validity uptill 18.06.2021. It is further contention of the petitioner that

under the aforementioned rules the requirement is to move an

application for renewal before 90 days expiry of the existing permit. The

petitioner in the instant case because of the Covid-19 Pandemic (Second

Wave) Impact could not move an appropriate application as per the

requirement under law of submitting an application before 90 days.

However, application was made before the expiry of the permit on

10.06.2021 whereas the validity of the permit was uptill 18.06.2021 and

thereafter there has been no further development on the said application.

3. Learned Additional AG appearing for the respondent submits that as per

the instructions, the respondent no.3 is the competent authority and who

has called upon the clarification of the respondent no.2 so far as the

acceptance of an application if not submitted before the expiry of 90

days period which is otherwise required under the Rules of 2009.

4. Learned counsel for the petitioner in this context referred to the judgment

of the Hon'ble Supreme Court whereby they had granted interim

protection to the all those cases where the period of limitation was

applicable, and where there was inability on account of the Pandemic in

availing the said benefit and in approaching the concerned Court during

the said period. The protection given by the Hon'ble Supreme Court was

applicable on judicial proceedings as well as quasi judicial proceedings.

The Supreme Court had waved off the period of limitation from

15.03.2020 to 02.10.2021.

5. Given the aforesaid facts and circumstances of the case and also taking

note of the fact that application is still pending before respondent no.3

the writ petition at this juncture can be disposed of directing the

respondent no.3 to take an appropriate decision on the said application

in accordance with law governing the field. That while taking a decision

the respondents shall take note of the judgment of the Supreme Court in

so far as waving off the period of limitation is concerned. Let a decision

be taken at the earliest preferably within a period of 45 days from the

date of receipt of copy of this order.

6. With the above observations/direction, this writ petition stands disposed

of.

Sd/-

(P. Sam Koshy) Judge Rohit