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MCA/2838/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
MISC.CIVIL
APPLICATION - FOR DIRECTION No. 2838 of 2011
In
SPECIAL
CIVIL APPLICATION No. 14534 of
2011
=========================================================
REKHABEN
JIGNESHBHAI PATEL THRO POA SANJAYBHAI DABHI - Applicant(s)
Versus
COMMISSIONER
OF GEOLOGY & MINING & 4 - Opponent(s)
=========================================================
Appearance
:
MR
PS PATEL for
Applicant(s) : 1,
None for Opponent(s) : 1 - 3, 5,
MS ASMITA
PATEL, LEARNED ASSISTANT GOVERNMENT PLEADER for Opponent(s) :
4,
=========================================================
CORAM
:
HON'BLE
SMT. JUSTICE ABHILASHA KUMARI
Date
: 17/11/2011
ORAL
ORDER
1. This
application has been filed with the following prayers:
“(A) Your
Lordship may be pleased to modify the order dated 28.9.2011 to the
effect that the respondent no.4 and 5 may be directed to release the
vehicle instead of respondent no.2;
(B) Your
Lordship may be pleased to direct the respondent nos.4 and 5 to
release the Hitachi Machine No.GJ-5-CE-7624 in favour of applicant
within 1 week;
(C) Pending
hearing and final disposal of this application your lordship may be
pleased to direct the respondent no.4 and 5 to release the Hitachi
Machine No.GJ-5-CE-7624 in favour of applicant immediately;
(D) Granting
such and further reliefs and passing such other and further orders as
the circumstances of the case may require;
(E) award
the cost of this application;”
2. It
is submitted by Mr.P.S. Patel, learned advocate for the applicant
that the applicant had preferred Special Civil Application No.14534
of 2011 which was disposed of by order dated 28.09.2011, with a
direction to respondent No.2 to decide the application of the
applicant preferred under Rule-18 of the Gujarat Minerals (Prevention
of Illegal Mining, Transportation and Storage) Rules, 2005 (“Rules”
for short), within a period of two weeks from the date of receipt of
a copy of the said application.
3. The
learned advocate for the applicant submits that since passing of the
above order, no action has been taken, therefore, the applicant sent
reminder on 24.10.2011, to which there was no response. The applicant
has once again made an application under Rule-18 of the Rules on
08.11.2011, and praying that the direction may be given to
respondents Nos.4 and 5 to decide the application regarding release
of the vehicle of the applicant.
4. In
view of the submissions made by the learned advocate for the
applicant and as no action has been taken on the earlier application
filed by the petitioner as per order dated 28.09.2011 passed in
Special Civil Application No.14534 of 2011, and keeping in mind the
fact that the applicant has now made another application dated
08.11.2011 under Rule-18 of the Rules, the following order is passed:
Respondent
No.5 is directed to consider and decide the application dated
08.11.2011 made by the petitioner, in accordance with law, within a
period of two weeks from the date of receipt of a copy of this order.
5. The
application is disposed of, in the above terms, without entering into
the merits of the case.
Direct
Service of this order, is permitted.
(Smt.
Abhilasha Kumari, J.)
rakesh/
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