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SCA/5131/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 5131 of 2010
===================================
MUKESH
VITTALBHAI BARIYA - Petitioner
Versus
COMMISSIONER
OF GEOLOGY & MINING & 3 - Respondents
===================================
Appearance
:
MR
PS PATEL for Petitioner.
MS MANISHA NARSINGHANI, AGP for
Respondent NO. 1.
None for Respondent Nos.2 -
4.
===================================
CORAM
:
HONOURABLE
MR.JUSTICE K.A.PUJ
Date
: 29/04/2010
ORAL ORDER
The
petitioner has filed this petition under Article 226 of the
Constitution of India praying for the direction to the respondent
No.2 Additional Director to hear the application of stay dated
09.02.2010 preferred along with the appeal against the order dated
25.01.2010 passed by the respondent No.3 i.e. Collector, Vadodara
terminating the quarry lease of the petitioner.
Heard
Mr. P.S. Patel, learned advocate appearing for the petitioner and
Ms. Manisha Narsinghani, learned Assistant Government Pleader
appearing for the respondent No.1 on an advance copy being served to
the Government Pleader’s office.
The
main grievance raised by Mr. Patel is that though the appeal is
filed way back on 09.02.2010 and stay application is also preferred,
the same has not been heard till this date as there is no person
available as an Appellate Authority.
Since
the petitioner has already preferred an appeal before the Appellate
Authority, there is no question of entertaining this petition at
this stage. However, at the same time, the petitioner’s grievance
should be redressed by the appropriate authority. If the appeal
cannot be heard, at least stay application should be heard in time
and hence, the respondent No.1 is hereby directed to decide the stay
application of the petitioner, if the appeal can not be heard, as
expeditiously as possible, preferably within a period of one month
from the date of receipt of writ or certified copy of this order,
whichever is earlier.
It
is made clear that if there is no one to hear the stay application,
the State Government should make appropriate arrangement for
redressal of the grievance of the petitioner.
With
this direction and observation, this petition is accordingly
disposed of.
D.S.
permitted. Sd/-
[K. A. PUJ, J.]
Savariya
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