Smt. Radha Rajput (Thakur) v. The Collector, Kanker

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITION (C) NO. 4040 OF 2019 1.

Smt. Radha Rajput (Thakur) W/o Shri Surendra Singh Thakur, Aged About 35 Years, R/o Village Govindpur, Near Post Office, Kanker, District Kanker (CG) 2.

Ku. Sulochana Sinha D/o Late Murlidhar Sinha, Aged About 22 Years, R/o Albela-Para, Kanker, District Kanker, Chhattisgarh. 3.

Ku. Sneha Sonkar D/o Shri Mukund Lal, Aged About 21 Years, R/o Shanti Nagar, Kankalin Para Ward, Kanker, District Kanker, Chhattisgarh. 4.

Dev Kumar Jain S/o Shri Harakh Ram Jain, Aged About 40 Years, R/o Village And Post Kokpur, Kanker, District Kanker, Chhattisgarh. 5.

Anil Kumar Mandavi S/o Late Hirday Ram, Aged About 43 Years, R/o Village Kirgoli (Badepara), Post Murdongari, Kanker, District Kanker (CG) 6.

Smt. Sumati Jain W/o Shri Ashok Jain, Aged About 40 Years, R/o Village Thelkabad (Chotepara), Kanker, District Kanker, Chhattisgarh. ... Petitioners versus 1.

The Collector, Kanker, District Kanker (CG) 2.

District Mining Officer, Kanker, District Kanker (CG) ... Respondents For Petitioners :

Mr. Somkant Verma, Advocate.

For Respondent-State :

Ms. Abhyunnati Singh, Panel Lawyer.

Hon'ble Shri Justice P. Sam Koshy Order on Board 14/11/2019 1.

The limited grievance that the petitioners have raised in the present writ petition is for an appropriate direction to respondent no.1 to consider their grievance and take an appropriate decision.

2.

The facts of the case are that all the petitioners before this Court are the manufacturers of white bricks, which are commonly known as 'fly ash bricks'. All the petitioners have got due licence for the manufacturing of the fly ash bricks. They have also obtained huge amount of loan from the bank or the establishment or the manufacturing unit. Their grievance now is that though they are able to manufacture good quality of fly ash bricks, but on account of availability of red bricks in the market the demand of the product manufactured by them are not having sufficient sale. They have approached the respondent no.1 for taking an appropriate decision so far as their grievance is concerned so that at least in the government constructions there could be some purchase made from the petitioners which would boost their sale and they would be able to meet the expenses which otherwise they incur on account of repayment of loan and the

establishment cost etc. Though they have made representation as early as on 17.12.2018, but no decision till date has been taken by respondent no.1 in this regard.

3.

Given the said facts, this Court is of the opinion that considering the importance of the matter, particularly the fact that, in case, if these fly ash are not used for the manufacturing of the fly ash bricks the same would have to be dumped in open which may lead to pollution and therefore in order to avoid the same if the sale of fly ash bricks is increased, the authorities would also be contributing in the curtailment of pollution. 4.

Accordingly, the respondent no.1 is directed to consider the decide the representation of the petitioners keeping in view the larger interest of the public. It is expected that the respondent no.1 would be taking a decision in this regard at the earliest.

5.

The writ petition accordingly stands disposed of with the aforesaid direction.

Sd/- (P. Sam Koshy) /sharad/ JUDGE