JUDGEMENT
ASHUTOSH J.SHASTRI, J. -
(1.)This petition under Article 226 of the Constitution of India is filed for the purpose of seeking following reliefs :-
"(A) Your Lordships may be pleased to Admit and Allow this petition.
(B) Your Lordships may be pleased to direct the Respondent Authorities specifically Respondent Collector and the Geologist to decide the grievance of the petitioner made vide application dated 20.11.2017 for considering of the grace period as expeditiously as possible within a period of four weeks;
(C) Your Lordships may be pleased to direct the respondent authorities in not creating any hindrances and permitting the petitioner to carry out his mining activities at the quarry lease which has been granted to the petitioner till his application dated 20.11.2017 (at Annexure-C) is not decided finally by the respondent authorities which is for consideration of grace period as granted to him vide order dated 04.07.2016 (at Annexure-A) in any manner whatsoever :-
(D) Your Lordships may be pleased to hold and declare that the action and inaction on the part of the respondent authorities in not deciding the grievance raised by the petitioner for grant of grace period vide his application dated 20.11.2017 is illegal, arbitrary, against the settled principles of law, tantamount to violation of fundamental rights of the petitioner under Article 14, 19(1)(g) and 21 of the Constitution of India and is also contrary to the directions passed by the appellate authority vide order dated 04.07.2016 (at Annexure-A) and therefore the respondent authorities are duty bound to consider the application made by the petitioner and the grievance raised therein for consideration of grace period vide his application dated 20.11.2017 (at Annexure-C) as expeditiously as possible within a period of four weeks;
(E) During the pendency, hearing and final disposal of the petition, Your Lordship may be pleased to direct the respondent authorities to expeditiously decide the application made by the petitioner herein dated 20.11.2017 and also be pleased to restrain the respondent authorities from creating any hindrances in the mining activities carried out by the petitioner for which the quarry lease has been granted to the petitioner in any manner whatsoever;
(F) Your Lordships may be pleased to grant ex parte interim relief in terms of prayer (E).
(G) Your Lordships may be pleased to pass such other and further orders as may be deem fit in the interest of justice."
(2.)During the course of submissions, learned advocate Mr. Mishra appearing for the petitioner has raised a grievance that though there is a clear indication given in the order passed by the authority on 04.07.2016 indicating that the grace period will have to be considered as indicated in the operative part of the order reflecting on page 24/U, while passing the consequential order on 12.07.2017 reflecting on page 25, the said period has not been considered. As a result of this, the petitioner was left with no other alternate and raised a grievance by way of preferring a specific application on 20.11.2017, but so far, despite repeated representations and requests, the same has not been considered, which has constrained the petitioner to approach this Court by way of preferring the present petition.
(3.)Learned advocate Mr. Mishra, as such, has limited his submission at this stage to the effect that at least, that application which has been submitted on 20.11.2017 be directed to be decided after considering the effect of the orders as indicated above as expeditiously as possible within some time bound schedule which this Court may prescribe and has not submitted any further.
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