M/S Sri Hans Enterprises vs State Of Haryana And Ors
2022 Latest Caselaw 14394 P&H

                    CWP-25910-2022                                                         -1-




                    (111)                                             CWP-25910-2022
                                                                      Date of Decision : 15.11.2022




                    Present:          Mr. Chetan Mittal, Advocate
                                      with Mr. Kunal Mulwani
                                      for the petitioner.

                                      Mr. Parvinder S. Chauhan, Sr. Addl. A.G., Haryana.

                                            ****

, J (ORAL)

Petitioner has approached this Court highlighting therein the

flagrant violation and high handedness on the part of the respondent while not

following the OTS Policy dated 03.11.2021 as respondent No.6-Jai Karan son

of Om Parkash has been granted and permitted to continue the mining contract

after reducing the annual contract money by 78.57% without any enhancement

in terms of the previous annual contract money and extending the contract for

another five years which is not permissible under the OTS Policy.

It has been pointed out that the OTS Policy dated 03.11.2021, one

of the major conditions for its applicability was that the contract amount shall

not be reduced more than 50% irrespective of the reduction of the area

permissible under the mining contract. The violation as has been committed by

the respondent is apparent from the order which has been passed by the

Appellate Authority which has virtually given a direction to the subordinate

authority to proceed to violate the OTS Policy. The said benefit is being

claimed by the petitioner as well as he would also be entitled to the said benefit

HAMANT as has been granted to the respondent No.6.

2022.11.17 10:14 I attest to the accuracy and authenticity of this order/judgment

Before proceeding in the matter any further, we deem it

appropriate to dispose of the writ petition by directing the Additional Chief

Secretary to Government of Haryana, Mines & Geology Department, Haryana-

respondent No.3 to consider and decide the representation of the petitioner

dated 28.09.2022 (Annexure P-15) which is followed by a reminder dated

19.10.2022 (Annexure P-16) within a period of eight weeks from today. It goes

without saying that the Additional Chief Secretary to Government of Haryana,

Mines & Geology Department, Haryana-respondent No.3 shall proceed to pass

an appropriate order keeping in view the points as has been raised by the

petitioner in the representation by passing a speaking order.

The decision so taken be conveyed to the petition forthwith.

HAMANT 2022.11.17 10:14 I attest to the accuracy and authenticity of this order/judgment