REGIONAL CONTROLLER OF MINES, INDIAN BUREAU OF MINES, MINISTRY OF STEEL AND MINES, GOVERNMENT OF INDIA Vs. HARDESH ORES

JUDGEMENT

(1.) HEARD Shri M. Amonkar, learned Counsel appearing for the Petitioners, Shri Rafeeq Dada, learned Senior Counsel appearing for the Respondent no.1 in Writ Petition no. 47 of 2012, Shri B. Zaiwalla, learned Senior Counsel appearing for the Respondent no.1 in Writ Petition no. 48 of 2012 and Shri M. S. Sonak, learned Counsel appearing for the Respondent no.2. In the above Petitions, the Petitioner challenged the Order passed by the learned District Judge, dated 06.08.2011, whereby the application filed by the Petitioners to delete their name from the proceedings before the learned Judge, came to be rejected.

(2.) DURING the course of the hearing of the above Petition, it is not disputed that in the said proceedings an Order was passed by the learned District Judge dated 18.03.2008, whereby the parties including the Petitioners, were directed to maintain status quo in terms of prayer clause (c) of an application filed by the Respondent no.1. The matter is also stated to be ready for final disposal.

(3.) ON the other hand, Shri Rafeeq Dada and Shri Zaiwalla, learned Senior Counsel appearing for the Respondent no.1 in both the above Petitions, have disputed the contentions raised by the learned Counsel appearing for the Petitioners. Learned Senior Counsel further pointed out that the Order passed by the learned District Judge, dated 18.03.2008, was restricted to the extent that the Petitioners were not permitted to take any action for not filing the Mining Plan as duly signed by the Respondent no.2. Learned Senior Counsel further pointed out that as the said Order is in operation and the Petitioners have not taken any steps to clarify and modify the said Order, the question of interfering with the impugned Order does not arise at all, at this stage.