Order on Board

Per Ramesh Sinha, Chief Justice

15.05.2026

1. Heard Ms. Sharmila Singhai, learned Senior Advocate assisted by Mr. Shashwat Rai, learned counsel for the petitioner as well as Mr.Praveen Das, learned Additional Advocate General, appearing for the State/respondents

2. The present writ petition has been filed by the petitioner seeking following reliefs :

“10.1 That, this Hon’ble Court may kindly be pleased to issue appropriate writ/ writs quashing the Tender no. 1580 pertaining to Event No. - MSTC/RPR / Chhattisgarh / Janjgir Tender/2/26-27/1580 inviting tender for Village Hathnewara under the impugned NIT no. dated 30.03.2026 (ANNEXURE-P/1) issued by the respondent no.2, inviting bid from the eligible candidates / entities for grant of quarry lease for ordinary Sand by way of auction (Reverse Auction) so far as it relates to the petitioner Gram Panchayat.

10.2 That, the Hon’ble Court may kindly be pleased to grant any other relief, including the cost of this petition, as it appears to be fit and appropriate to this Hon’ble Court.”

3. Brief facts of the case are that respondent authorities have issued a Notice Inviting Tender (Reverse Auction) dated 30.03.2026, bearing no. 728/Kh.Li.1/Sand Auction/2025 by which the authorities have invited tender under Rule 7 of Chhattisgarh Minor Mineral Ordinary sand (Quarrying and Trade) Rules, 2025 for grant of quarry lease through electronic auction ( Reverse Auction) for 4 villages i.e. (i) Khapridih, Tehsil - Bamhanidih, (ii) Hathnewra, Tehsil-Champa, (iii) Hadha, Tehsil -Pamgarh, (iv) Karnaudh, Tehsil Bamhanidih, (ANNEXURE-P/1) issued by the respondent no. 2.

4. The instant writ petition has been preferred by the petitioner i.e. Gram Panchyat, Nathnewra, through its Sarpanch, challenging the Notice Inviting Tender dated 30/03/2026 issued under Rule 7 of the Chhattisgarh Mining Mineral Ordinary Sand (Quarrying and Trade) Rules, 2025 for grant of quarry lease through Electronic Auction (Reverse Auction) in respect of Village Hathnewra, Tehsil Champa. The principal grievance raised by the petitioner is that no valid District Survey Report (DSR), which is mandatory for undertaking sand/gravel mining activities, exists in respect of the concerned district. It has further been contended that the Gram Panchayat Hathnewra has passed a resolution opposing the issuance of the impugned NIT for sand mining within the territorial limits of the said Gram Panchayat.

5. Learned Senior Advocate, appearing on behalf of the petitioner, would submit that the respondent authorities have issued a Notice Inviting Tender (NIT) for a quarry lease for sand mining in four villages, namely Hathnewra, Khapridih, Hadha, and Karnaudh, District Janjgir-Champa, without obtaining a District Survey Report (DSR) from the District Collector. The bid was called for interested participants from 21.04.2026 to 27.04.2026. She would submit that the Government of Chhattisgarh issued a notification on 12.09.2025 regarding the general terms and conditions for quarry leases and the trade of minor mineral ordinary sand. In the said notification dated 12.09.2025, Clause 11(22) is binding upon the respondent authorities, which provides that the orders, rules, and instructions of the Court, as well as those of the Central and State Governments, issued from time to time, must necessarily be complied with. She would also submit that the Hon’ble Supreme Court, in the case of State of Uttar Pradesh and Another vs. Gaurav Kumar and Others, reported in (2025 SCC Online SC 1069), has held that a District Survey Report from the District Collector is a precondition for granting a quarry lease for general sand. In the present case, no approved District Survey Report was obtained from the Collector before the issuance of the NIT; therefore, the same cannot be acted upon.

6. It is further submitted by learned Senior Advocate that before inviting tenders for a quarry lease for ordinary sand, the authorities are