Petitioner has approached this Court seeking the following reliefs: “1. Issue a writ of mandamus or any appropriate writ, order or direction directing the third respondent and his subordinate officers not to interfere while transporting earth from the property of the petitioner on the basis of Ext. P1 order without permit and P from the department of mining and geology.
2. Declare that permit and P form for transportation of earth is not required for removing earth for a quantity in which royalty does not exceed Rs. 5,000/- and petitioner can transport the same on the basis of Ext. P1order of the local body.”
2. It is apparent that during the pendency of the writ petition, the petitioner was called upon to file an affidavit showing the purpose for which the earth is being removed from their property. An affidavit is filed stating that the earth stored in the premises is transferred to one K.V. Pankajakshan, who intends to transport the same to various persons who are constructing residential houses. Apparently, the contents of the affidavit clearly indicate that the petitioner has to obtain necessary P form/transporting pass from the Geologist concerned. The petitioner will have the right to remove earth from the property only on -: 2 :-
complying with the statutory provisions.
3. In the above circumstances , the writ petition is disposed of as under:
Petitioner shall apply before the Senior Geologist having jurisdiction in the area for transportation of earth from their property and such request shall be considered and appropriate orders shall be passed within three weeks from the date of receipt of a copy of this judgment.
Sd/- A.M. Shaffique, Judge.
Tds/