Gujarat High Court Case Information System
Print
SCA/5168/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 5168 of 2010
=========================================================
PARAM
UDHYOG THRO. MEHUL D PATEL - Petitioner(s)
Versus
ASSISTANT
GEOLOGIST - Respondent(s)
=========================================================
Appearance
:
SHIVANIRAJPUROHIT
for
Petitioner(s) : 1,
MR. RASHESH RINDANI LEARNED A.G.P for
Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE K.A.PUJ
Date
: 27/04/2010
ORAL
ORDER
Rule
Mr. Rashesh Rindani learned Assistant Government Pleader waives
service of notice of rule on behalf of the respondent.
On
the joint request of the parties, the matter is taken up for final
hearing today itself.
The
petitioner has filed this petition under Article 226 of the
Constitution of India, praying for the direction to the respondent
to issue Royalty passbook and delivery Challans to the petitioner
forthwith, and to permit the petitioner to carry on the business of
mining activities under the lease granted to the petitioner and
which is valid and subsisting as on date. The petitioner has also
prayed for direction to the respondent to adjudicate and complete
the proceedings in pursuance of the show cause notice in respect of
180.39 metric tons of building stone, within such time as may be
prescribed by
this Court.
It
is the case of the petitioner that the petitioner has requested the
respondent authority to supply the Royalty passbook, as well as,
delivery challans vide its letters dated 22.9.2008, 26.9.2008 and
18.10.2008.
Mr.
Amit Panchal, learned advocate for the petitioner states that the
petitioner will approach the respondent authority with a request to
supply the Royalty passbook, as well as, delivery challans. He has
further submitted that pursuant to the notice for seizure of the
materials lying in the petitioner’s premises, subject to
adjudication and subject to the petitioner’s rights to approach the
appropriate forum, the petitioner may make the payment that may be
demanded from the petitioner.
In
the above view of the matter, the petitioner is hereby permitted to
make appropriate application before the respondent authority with
regard to supply of Royalty passbook, as well as, delivery challans
and also with regard to the amount to be paid in respect of the
seized material.
If
such an application is moved, the same shall be decided by the
respondent authority as expeditiously as possible, preferably within
a period of one month, from the date of receipt of the writ of this
court or certified copy of this order, whichever is earlier, and in
accordance with law.
It
goes without saying that if nothing is found adverse against the
petitioner, the respondent authority may supply the delivery
challans and Royalty passbook.
Subject
to the aforesaid direction, this petition is accordingly disposed
of.
Rule
is made absolute to the aforesaid extent, without any order as to
costs. Direct service is permitted.
(K.A.PUJ,
J.)
Pankaj
Top