SUNIL KUMAR KHANDELIA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The petitioner has filed this writ petition seeking following reliefs:-

(2.) Facts relevant for disposal of this writ petition are that the petitioner was granted lease of sand mines at Village Kareli Chhoti, Tehsil - Magarlod, District - Dhamtari over the land bearing Khasra No. 409 admeasuring 4.90 hectares. The lease was executed on 2/11/2020 for a period of 02 years up till 1/11/2022 which was extended in accordance with the provisions as provided under Rule 4 of the Chhattisgarh Minor Mineral Ordinary Sand (Quarrying and Trade) Rules, 2019 (hereinafter for brevity referred to as the Rules, 2019) . The extended period of one year also came to an end on 1/11/2023. During subsistence of the lease period of the petitioner, the State of Chhattisgarh has brought amendment in Rules, 2019 and the duration of quarry lease as provided under Rule 4 of Rules, 2019 has been made as 05 years from the date of registration of quarry lease deed.

(3.) After coming into force the amended provision of Rule 4 of Rules, 2019, the petitioner submitted an application dtd. 15/9/2023 before the Respondent No. 4 (Annexure P/4) for extending the period of lease for a further period of 02 years from 1/11/2023, in view of the amendment brought in Rule 4 of the Rules, 2019 with respect to the duration of lease as 05 years in place of 03 years. It appears that looking to the questions posed by the respective Collectors, Respondent No. 2 has issued letter to all the Collectors of the State of Chhattisgarh clarifying the effect of the amendment brought in Rule 4 of Rules, 2019 and held that the amended provision will not apply retrospectively. The petitioner after getting knowledge of the letter issued by the Respondent No. 2 as filed this writ petition.