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SCA/15107/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 15107 of
2010
=========================================================
RAWMIN
MINING AND INDUSTRIES PRIVATE LIMITED & 1 - Petitioner(s)
Versus
STATE
OF GUJARAT THROUGH GEOLOGIST - Respondent(s)
=========================================================
Appearance
:
MR
AS VAKIL for
Petitioner(s) : 1 - 2.
RULE SERVED BY DS for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE AKIL KURESHI
Date
: 06/12/2010
ORAL
ORDER
1. Learned
Counsel for the petitioners submitted that the impugned order dated
18.11.2010 has been passed in gross violation of the principle of
natural justice.
2. He
submitted that, some of the documents relied upon by the authorities,
while passing the impugned order, were not supplied to the
petitioners. Relying on the grounds raised in the petition, he,
further, submitted that, though, in the impugned order it is recorded
that the representatives of the petitioner No.1 were heard by the
competent authority on 07.01.2010, as a matter of fact, no such
hearing took place on 07.01.2010. It is submitted that there was no
communication from the authorities to the petitioners that the
hearing will take place on 07.01.2010, and therefore, representatives
of the petitioner No.1 were not present, on the said date.
3. These
factual aspects and averments are not denied by the respondent.
4. Under
the circumstances, I am of the opinion that the proceedings are
required to be remanded for fresh consideration and decision, in
accordance with law, by the authorities.
5. In
the result, impugned order dated 18.11.2010 is QUASHED.
The matter is REMANDED to
the respondent authorities for fresh consideration and decision. The
petitioners shall be SUPPLIED all the documents, upon
which the authorities seek to place RELIANCE. This may
be done within THREE WEEKS, from today. The date of
hearing before the said authorities, at the first stage, shall be
17TH JANUARY, 2011.
On that day, if it is not convenient to conduct the hearing to the
said authorities, the same may be fixed for some other date, after
COMMUNICATING the representatives of the petitioner
No.1-Company. Rule is made absolute to the aforesaid extent.
(AKIL
KURESHI, J.)
Umesh/
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