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SCA/16252/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 16252 of
2010
=========================================================
JIVRAJ
ENTERPRISE - THROUGH PARTNER NILESH PREMJI PANJARI - Petitioner(s)
Versus
STATE
OF GUJARAT - THROUGH THE GEOLOGIST - Respondent(s)
=========================================================
Appearance
:
MR
AS VAKIL for
Petitioner(s) : 1,
None for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE AKIL KURESHI
Date
: 23/12/2010
ORAL
ORDER
1. Heard learned
Advocate Shri. Vakil, for the petitioner, and Ms. Shah, learned AGP
on behalf of the respondent State, on advance Copy.
2. In view of the fact
that the impugned order, dated 20.11.2010, is appealable one and
statutory appeal is provided under the Gujarat Mineral (Prevention of
Illegal Mining, Transportation and Storage) Rules, 2005, I do not
find it appropriate to entertain this petition, especially, when the
petitioner has not preferred such an appeal.
3. Only on that ground,
the petitioner is relegated to the Appellate Authority, without
examining the merits of the contentions raised in this petition.
Considering the petitioner was before this Court, pursuing his
remedy, if an appeal is filed within TWO WEEKS from
today, the same shall be entertained on merits, ignoring the DELAY
aspect.
4. Learned Counsel for
the petitioner further submitted that the investigation into the
allegations of illegal mining has been completed and the report of
the Investigating Officer is available, which has also been accepted
by the complainant, who happens to be the Appellate Authority. These
issues, however, in my view are to be examined by the Appellate
Authority in the appeal, that may be presented by the petitioner.
This petition is
disposed of, accordingly.
(AKIL
KURESHI, J.)
Umesh/
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