- (1.) The petitioner in this WP under art.226 dated February 7, 2012 is seeking the following the principal relief: "a) a writ in the nature of Mandamus commanding upon the Respondents to show cause as to why necessary steps would not be taken against the Respondent No. 8 to 11 as their activities are seriously effected the rights of the petitioner as guarranted under Article 19(1) of the Constitution of India and direct the police authorities to take steps against the said Respondents immediately."
(2.) Counsel for the petitioner submits as follows. The competent authority granted the petitioner two temporary 10-day permits for extraction of minor minerals (sand) from the place mentioned in the permits. For wrongful obstruction of the private respondents obtaining permit for extraction of minor minerals from an adjacent place, the petitioner could not extract any mineral. The police, though were informed, did not take any action against the private respondents.
(3.) The permits were not in force at the date the WP was filed. Hence the question of extraction of minerals on the basis thereof just cannot arise. I am unable to see how the allegation of inaction on the part of the police can be maintained. No Court directed the police to take any action. It was for the competent Court to decide whether the permits entitled the petitioner to extract minerals from the place wherefrom he wanted to extract minerals. Validity of resistance put up by the private respondents could be examined by that Court, if proceedings were initiated. Police did not possess any power to decide the question.;