Dismissed

Vanrajbhai Ramkubhai Govaliya v. Assistant Geologist

Gujarat HC3 Apr 2019SCA/3961/2018

Case brief

AI extract

What is this about?

The Special Civil Appeal was disposed of as not pressed by the petitioner, who cited available alternative remedies and apprehensions regarding limitation. The Appellate Authority was directed to consider the delay incurred during this Court's proceedings, and the associated stay application was dismissed.

What did the court decide?

The petition disposed of as not pressed; stay application discarded.

Vanrajbhai Ramkubhai Govaliya Vs Assistant Geologist — Writ and Judicial Review | Gujarat HC (2019)

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C/SCA/3961/2018 ORDER

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 3961 of 2018 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2018 In

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R/SPECIAL CIVIL APPLICATION NO. 3961 of 2018

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============================================= VANRAJBHAI RAMKUBHAI GOVALIYA

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Versus

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ASSISTANT GEOLOGIST & 1 other(s)

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============================================= Appearance:

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MR NIRAV C SANGHAVI(5950) for the Petitioner(s) No. 1 MR. NIPUL H GONDALIA(6894) for the Petitioner(s) No. 1 MS. ASMITA PATEL, AGP for the Respondent(s) No. 2 NOTICE SERVED BY DS(5) for the Respondent(s) No. 1

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=============================================

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CORAM: HONOURABLE MR.JUSTICE A.Y. KOGJE

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Date : 03/04/2019

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ORAL ORDER

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This petition is filed under Article-226 of the Constitution of India challenging the order dated 10-10-2017 passed by the Assistant Geologist.

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Learned Advocate for the petitioner does not press this petition, in view of alternative remedy available under the Rules, more particularly Rule-18 of Gujarat Mineral (Prevention of Illegal Mining, Transportation and Storage) Rules, 2017. Learned Advocate for the petitioner apprehends that as the limitation is prescribed for filing an appeal / revision, appeal may not be entertained.

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Considering the fact that the petitioner had challenged the impugned oder dated 10-10-2017 before this Court and this Court had by order dated 14-03-2018, issued Notice, the Appellate / Revisional Authority may take into consideration

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Page 1 of 2

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C/SCA/3961/2018 ORDER

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the period, during which the petitioner had challenged the impugned order before this Court and was pending.

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With the aforesaid liberty, the petition stands disposed of as not pressed. Notice is discharged with no order as to cost. This Court has not entered into the merits of the case. As and when such appeal / revision shall file, the Authority shall expedite the hearing.

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In view of the order passed in the main matter, Civil Application does not survive.

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Direct service is permitted.

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(A.Y. KOGJE, J)

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PARESH SOMPURA

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Page 2 of 2

Vanrajbhai Ramkubhai Govaliya v. Assistant Geologist

Case brief

What is this about?

What did the court decide?

Vanrajbhai Ramkubhai Govaliya v. Assistant Geologist

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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