GANGA RAM Vs. STATE OF H.P.

JUDGEMENT

(1.) The petitioners have filed the petition under Article 226 of the Constitution of India seeking following reliefs:

(2.) Learned counsel for the petitioners has submitted that the petitioners are co-owners in possession of the land comprised in Khewat/Khatauni No.38/65, Khasra Nos.513, 518, 521, 522, 529, 530, 535/1, 551 Kita-8, measuring 26/2/5 bighas, Khewat Khatauni No.40/67, Khasra Nos.52, 55, 56 and 57, measuring 0/4/4 bighas, Khewat/Khatauni No.41/69, Khasra No.63, measuring 0/19/9 bighas, situated in Mohal Bali-Batadi/287, Tehsil Nihri, District Mandi, H.P. Petitioners made a representation to respondents No.5 and 6 regarding illegal mining of minerals being carried out in their land, but no action had been taken on the same so far. Illegal mining was also being carried out in the area of Government Primary School building. Due to the illegal mining activities, which were going on for the last 10-15 years, the school building had become unsafe. Learned counsel has also made reference to the photographs available on record.

(3.) After going through the facts and circumstances of the case, without going into the merits of the submissions made by learned counsel for the petitioners, we deem it appropriate to dispose of the writ petition with liberty to the petitioners to approach respondent No.4 by making a detailed representation with regard to their grievances within a week. Respondent No.4 shall inspect the spot and assess the factual position within a period of one month from the date of filing of the representation before him by the petitioners and in case it is found that any illegal mining was being carried out in the areas pointed out by the petitioners, respondent No.4 shall take action, in accordance with law, to stop the illegal mining activities. Pending application(s), if any, shall also stand disposed of.