M/s Dhaneshwar Stone Co. vs State and Others

Ajay Rastogi

Applicant has appeared in person. Earlier he has filed applications U/O 1, R.10, CPC, for his impleadment as party respondent in cognate cases (CWP-10418/2010 & 2713/2008). After hearing the parties, co-ordinate Bench vide order dt.23/02/2011 declined him permission to be impleaded as party respondent; however, the applicant was allowed to intervene in the matter, against which, as informed, special appeal has been preferred by the applicant and is pending.

Similar application (No. 23339/dt. 10/05/2011) has been filed by applicant (Surinder Pratap Jaiswal) seeking his impleadment as party respondent to the instant petition. Applicant has also filed another application (No. 40394/dt.19/08/2011) with the prayer that hearing in instant petition & cognate cases be postponed till notices to show cause are issued in the pending special appeal. Both the applications dt.10/05/2011 & 19/08/2011 have been opposed by learned Opposite Counsel.

Instant petition has also been filed by same writ petitioner as in cognate cases (supra) challenging action of the authority rejecting his application for renewal of the mining lease under the provisions of the Rules, 1986 vide order dt.08/12/2010.

Taking note of the submissions made by the parties, in the light of earlier order dt. 23/02/2011 passed by co-ordinate Bench in cognate cases (supra), this Court is also not inclined to grant permission to the present applicant to be impleaded as party respondent in the instant petition.

Consequently, application dt.10/05/2011 stands rejected. However, the applicant is allowed to participate as intervenor in the proceedings.

As regards application (17790/dt. 11/04/2011) filed by the petitioner seeking permission for excavation of Mines, Government Counsel wants to file the counter. He may do so before next date, with an advance copy of the counter to petitioner''s Counsel. List for orders alongwith cognate cases after week.