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SCA/8437/2010 2/ 5 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 8437 of 2010
With
SPECIAL
CIVIL APPLICATION No. 8438 of 2010
With
SPECIAL
CIVIL APPLICATION No. 8440 of 2010
With
SPECIAL
CIVIL APPLICATION No. 8441 of 2010
=========================================================
PRASHANT
SURESHBHAI PARMAR - Petitioner(s)
Versus
STATE
OF GUJARAT & 2 - Respondent(s)
=========================================================
Appearance
:
MR
SATYAM Y CHHAYA for
Petitioner(s) : 1,
Ms. Jirga Jhaveri, AGP for State Authority in
SCA NO. 8437 of 2010 and SCA No. 8441 of 2010.
Mr. Anand
L. Sharma, AGP for State Authority in SCA No. 8438 and 8440 of 2010.
None for Respondent(s) : 2 -
3.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 16/08/2010
ORAL
ORDER
Heard
learned Advocate Mr. Satyam Y. Chhaya for petitioner and learned AGP
Ms. Jirga Jhaveri for State Authority in SCA No.8437 of 2010 and SCA
No. 8441 of 2010 as well as learned AGP Mr. Anand L. Sharma for
State Authority in SCA No. 8438 and 8440 of 2010.
Petitioner
in this group of petitions has challenged action/inaction on the
part of respondents. Earlier, Special Civil Application NO. 654/10,
655/10, 656/10 and 656/10 were preferred by petitioner before this
court wherein orders have been passed by this Court on 28th
January, 2010. Order passed by this Court in SCA No. 654 of 2010
dated 28.1.2010 is quoted as under:
1. The
petitioner herein has prayed to direct the respondents to decide the
application dated 05.10.2005 of the petitioner for mining lease and
further to direct the respondents to give priority for deciding the
application without considering the notification dated 17.12.2009.
2. The
petitioner on 05.10.2005 preferred an application under Form I of
the Mineral Concession Rules, 1960 seeking mining lease of Mineral
Quartz admeasuring area of 4 hectares situated at Survey No. 326(3)
village sim of Naroda, Panchmahals before the Collector, Mining
Department. It is the case of the petitioner that though the
petitioner fulfills the requirement for Mining lease to be
allotted, the respondent authorities have not paid any heed inspite
of opinions from experts in his favour. Further the respondent has
been inviting new applications without deciding the petitioner’s
application which is pending since long. Hence this petition is
preferred.
3. Mr.
Mansuri, learned advocate appearing for the petitioner has submitted
that the respondent no. 1 has passed notification on 17.12.2009
inviting applications for mining lease for survey no. 326/3 of sim
of Naroda, Khanpur. He has submitted that as per section 11(2) of
the Act the applicant whose application is received earlier shall
have the preferential right to be considered for grant of mining
lease over the applicant whose application is received later.
4. This
court has heard learned advocates for the parties and perused the
papers on record. As a result of the said exercise, this court is of
the view that in the interest of justice, the following directions
are required to be issued:
(I) The
application of the petitioner pursuant to the notification dated
17.12.2009 shall be considered within a period of three months from
the last date of receipt of applications.
(II) It
is made clear that this court has not entered into the merits of the
matter.
(III) The
respondent authority shall decide the application of the petitioner
in accordance with law and relevant provisions of the Act.
5. With
the above directions and observations, this petition is disposed of.
Direct service is permitted. No costs.
Learned
Advocate Mr. Chhaya for petitioner has submitted that in view of the
order of this court, on 8th February, 2010,
representation was made by petitioner which is at annexure D page 53
addressed to Joint Secretary, Industries and Mines Department, New
Sachivalaya, Gandhinagar which has been received by other side but
till date, no decision has been taken by respondents and, therefore,
petitioners have filed present petitions. Learned Advocate Mr.
Chhaya also submitted that inspite of clear directions issued by
this court in earlier group of petitions in respect of applications
of petitioner dated 5.10.2005 in special civil application no. 654
of 2010, 28.8.2008 in special civil application no. 656 of 2010,
17.1.2007 in special civil application no. 657 of 2010 and 29.9.2006
in special civil application no. 655 of 2010, respondent authority
has not decided representations and applications of petitioner
within reasonable period and, therefore, present petitions have been
filed by petitioners.
In
view of this back ground, considering directions issued by this
court earlier in para 4 of order dated 28.1.2010, it is directed to
respondent NO.2 Commissioner, Department of Geology and Mines, Udyog
Bhavan, Gandhinagar and respondent no .3 District Collector,
Panchmahals posted at Godhra, Geology and Mines Department to
consider representation made by petitioner on 8th
February, 2010 along with original application of petitioner and
decide it and examine grievance of petitioner and thereafter to pass
appropriate reasoned order in accordance with law within the period
of one month from the date of receiving copy of present order and
communicate decision to petitioner immediately thereafter. This
Court has considered fact that earlier, three months time was given
to respondent authority, however, yet, respondent authority has not
decided representation and original applications of petitioner and,
therefore, now, respondent no.2 and 3 both are directed to see that
the representation made by petitioner on 8.2.2010 along with
original application is decided by them within time stipulated by
this court by giving priority to this matter within one month from
date of receiving copy of present order of this court and then to
communicate decision to petitioner.
In
view of these observations and directions, these petitions are
disposed of by this court without expressing any opinion on merits.
DSP.
(H.K.
Rathod,J.)
Vyas
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