JUDGMENT

Dated this the 21st day of December, 2022 The petitioner is before this Court aggrieved by the delay on the part of the 1st respondent-Geologist, Mining and Geology Department in considering the petitioner’s application for Mineral Transit Pass.

2. The petitioner states that she has availed a Bank Loan for construction of a building. The petitioner obtained Building Permit. As the petitioner wanted to remove ordinary earth from the land in order to facilitate the construction, the petitioner submitted application for issuance of Mineral Transit Passes. The delay in considering the application for Mineral Transit Passes would cause undue hardship and financial loss to the petitioner, contends the petitioner.

3. Government Pleader entered appearance on behalf of the 1st respondent and resisted the writ petition. The Government Pleader submitted that the Geologist has examined the area and has found that a retaining wall is to be constructed by the petitioner to secure the land. Without constructing a retaining wall, if Mineral Transit Passes are issued, that will be against public interest. The Geologist has therefore required the petitioner to execute an affidavit undertaking