Disposed

Amrutkunvarba Vakhatsinh Thakore through Poa Vikramsinh Kishorsinh Jhala v. State of Gujarat

Gujarat HC22 Feb 2019SCA/3013/2019

Case brief

AI extract

What is this about?

The petitioner approached the High Court for directions under Article 226 of the Constitution to decide a revision application pending against cancellation of a quarry lease. The court directed the revisional authority to decide the matter within three months from receipt of the order copy, while expressly reserving judgment on the merits.

What did the court decide?

Directed the respondent revisional authority to decide the Revision Application within three months from the date of receipt of the order copy.

Amrutkunvarba Vakhatsinh Thakore through Poa… — Public Procurement and Tenders | Gujarat HC (2019)

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C/SCA/3013/2019 ORDER

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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R/SPECIAL CIVIL APPLICATION NO. 3013 of 2019

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AMRUTKUNVARBA VAKHATSINH THAKORE THROUGH POA VIKRAMSINH KISHORSINH JHALA

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Versus STATE OF GUJARAT & 2 other(s)

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Appearance:

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MR SHIVGAR P GOSAI(5542) for the Petitioner(s) No. 1 MS ASMITA PATEL, ASSISTANT GOVERNMENT PLEADER/PP(99) for the Respondent(s) No. 1-3

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CORAM: HONOURABLE MR.JUSTICE VIPUL M. PANCHOLI

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Date : 22/02/2019 ORAL ORDER

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1.Draft Amendment is allowed. Learned advocate for
the petitioner to carry out the amendment in terms of
the Draft, forthwith.

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2.In this petition, which is filed under Article
226 of the Constitution of India, the petitioner has
prayed that the respondent authority be directed to
decide the Revision Application filed by the
petitioner within a period of eight weeks.

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3.Heard learned Mr.Shivgar P. Gosai for the
petitioner and learned Assistant Government Pleader
Ms.Asmita Patel for the respondents.

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4.It is submitted by the learned advocate for the
petitioner that on 22.08.2013, the petitioner
submitted an application to the Collector for grant
of quarry lease of ordinary sand in the land bearing
Survey No.0-Bin Numbary admasuring 9.75 hectors at

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Page 1 of 3

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C/SCA/3013/2019 ORDER

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Village Ranpura (Kuvayada), Taluka Vijapur, District
Mehsana. It is submitted that the said application
was accepted by the respondent authority vide order
dated 18.05.2015. Thereafter, surprise inspection was
conducted by the respondent authority and the
concernedInspectionTeamobservedcertain
irregularities, therefore, notice dated 19.07.2017
came to be issued to the petitioner. The petitioner
submitted a reply to the said notice. Thereafter, the
respondent authority passed an order on 03.01.2018,
by which, lease granted in favour of the petitioner
is cancelled. It is submitted that the petitioner has
filed Revision Application as per Rule 18(3) of the
Gujarat Mineral (Prevention of Illegal Mining,
Transportation and Storage) Rules, 2017 before the
revisional authority in January, 2018. However, till
date, the respondent revisional authority has not
decided the said Revision Application. It is,
therefore, urged that appropriate direction be issued
to the respondent authority.

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5.On the other hand, learned Assistant Government
Pleader submits that if the Revision Application of
the petitioner is not decided by the respondent
authority, the same would be decided within a period
of three months from the date of the receipt of a
copy of this order.

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6.In view of the aforesaid submissions canvassed
by the learned advocates appearing for the parties,
the respondent revisional authority is directed to

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Page 2 of 3

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C/SCA/3013/2019 ORDER

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decide the Revision Application filed by the
petitioner against the order dated 03.01.2018 within
a period of three months from the date of the receipt
of a copy of this order, in accordance with law.

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7. It is clarified that this Court has not examined the merits of the case of the petitioner.

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8. With the aforesaid observation and direction, the petition is disposed of.

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Direct Service is permitted.

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(VIPUL M. PANCHOLI, J)

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piyush

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Page 3 of 3

Amrutkunvarba Vakhatsinh Thakore through Poa Vikramsinh Kishorsinh Jhala v. State of Gujarat

Case brief

What is this about?

What did the court decide?

Amrutkunvarba Vakhatsinh Thakore through Poa Vikramsinh Kishorsinh Jhala v. State of Gujarat

Case brief

What is this about?

What did the court decide?

What the court decided

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