Virendra Pandey vs State Of Chhattisgarh

Heard Mr. Shayon Kar, learned counsel for the petitioner. Also heard Mr. Gagan Tiwari, learned Deputy Government Advocate, appearing for respondent Nos. 1 & 4, Mr. Ramakant Mishra, learned Deputy Solicitor General, appearing for Respondent No.2/Union of India and Mr. Abhishek Sinha, learned Senior Advocate assisted by Mr. Samrath Singh Marhas, learned counsel, appearing for respondent No.3.

The present writ petition has been filed by the petitioner styled as ‘Public Interest Litigation’ challenging the inaction of the respondent authorities to take appropriate action against BALCO for abandoning the excavation of Chotia coal mines allotted by Respondent authorities on 16th October 2015. The abandonment is not only causing the major loss of revenue to the State of Chhattisgarh but, it is also a reason for major unemployment in the local periphery of the mining area and this is all happening at the instance when there is a major scarcity of coal in the Nation and prays for following reliefs :

“10.1. That, this Hon’ble Court may kindly be pleased to call for the entire records pertaining to the case of the petitioner.

10.2 That, this Hon’ble Court may kindly be pleased to issue directions or writ of mandamus to Respondent No.2 to prematurely terminate the Mining Lease and call fresh tenders for the allotment of mining lease and/or

10.3 That, this Hon’ble Court may kindly be pleased to issue directions to Respondent No.3 to reinstate the excavation of coal from the Chotia Mines and start paying Royalties to the State Government including all the taxes.

10.4 That, this Hon’ble Court may kindly be pleased to grant any other relief, as it may deem fit.”

Mr. Abhishek Sinha, learned Senior Advocate appearing for the respondent No.3 submits that the instant PIL has become infructuous as the mining has already commenced and the said fact has not been disclosed by the petitioner in the instant petition. He also submits that the petitioner is an active member of political party and has suppressed his identity while filing the instant WPPIL, without disclosing his complete credentials. He has filed preliminary objection with respect to maintainability of PIL supported by an affidavit dated 22.06.2022. Paragraph 3 of said preliminary objection reads as follows :

“3. The present petitioner who is an active member of a political party, contested elections on the symbol of a political party, held post on being appointed by the political party of which he is member has filed the present petition styling it as a PIL without disclosing his complete credentials, in particular his active involvement in politics. So as to enable the Hon’ble Court it has also not disclosed. The petitioner being an active member of a political party having political ambitions has direct motive of personal gain, publicity interest and oblique motive for extraneous considerations behind the present petition. Hence the conduct of the petitioner in not disclosing his complete credentials in particular the political connections disentitles him from maintaining the present PIL which is not bonafide and motivated by extraneous considerations.”

Learned Senior counsel further submits that the petitioner himself in paragraphs (ii) and (iii) of 3(C) of the writ petition has mentioned as follows :

“3(C) (ii) That, the petitioner is a septuagenarian social worker.

(iii) That, the petitioner has filed the present petition on his own and not at the instance of anyone else. The litigation cost including the advocate’s fee and the traveling expenses of the lawyer, if any, are being born by the petitioner himself.”

The aforesaid contention of the respondent No.3 regarding suppression of complete credentials by the petitioner has been rebutted by the learned counsel for the petitioner and he submits that he has mentioned in paragraph 8.2 of the writ petition that the petitioner was an Ex-chairman of the Finance Commission of Chhattisgarh, he knows the whereabouts of the financials in the State of Chhattisgarh thoroughly.

Mr. Ramakant Mishra, learned Deputy Solicitor Genera, appearing for respondent No.2 / UOI submits that the respondent No.3 / BALCO has informed the Ministry of Coal that he has recommenced the mining work at Chotia Mines and therefore, the instant writ petition has become infructuous.

We have heard learned counsel for the parties and perused the prayers and pleadings made in the writ petition.

Considering the submissions made by learned counsel for the parties, we see that the respondent No.3 / BALCO has already recommenced the mining work at Chotia Mines and therefore, nothing survives in this PIL to adjudicate.

Accordingly, the instant PIL is dismissed as infructuous.