- (1.) By way of instant interlocutory application, petitioner seeks an interim protection as the respondents are proceeding in a certificate case being Case No. 26(MR)2012-13 for the realization of amount of about Rs. 33 crores on account of alleged illegal mining by the petitioner for certain period before expiry of his lease on 1st July, 2012.
(2.) The petitioner is aggrieved by the order of Revisional authority in the main writ application whereby his application for issuance of Form 'D' for valid transportation of minerals in question were rejected and certain actions were also directed to be taken by the District Mining Authority holding that the petitioner was indulging in illegal mining for the year 2010-11, 2011-12, 2012-13.
(3.) It is the contention of the petitioner that since the inception of the mining lease in the year 2002 the petitioner and his predecessors have been validly operating the mining lease for quarrying of stone and transporting it under valid transport challan issued by the District Mining Authority and never obtained environmental clearance. However, on the instant occasion issuance of the said challen has been refused by the District Mining Authority on his revision application. The Mining Commissioner has not only refused his prayer for issuance of challan but also held him guilty of illegal mining. It is submitted that pursuant to earlier order dated 23.1.2013 passed by this Court, petitioner has made application for seeking environmental clearance and No Objection Certificate from the State Pollution Control Board and the same are still under process. But the respondents are bent upon realizing alleged dues holding him liable for illegal mining during the pendency of the writ application.;