Patel Jagdishkumar Jivanlal vs State Of Gujarat & 4 on 4 March, 2014

[Cites 3, Cited by 1]

Gujarat High Court

Patel Jagdishkumar Jivanlal vs State Of Gujarat & 4 on 4 March, 2014

Bench: A.J.Desai

          C/SCA/3411/2014                                          ORDER




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             SPECIAL CIVIL APPLICATION NO. 3411 of 2014

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              PATEL JAGDISHKUMAR JIVANLAL....Petitioner(s)
                              Versus
                STATE OF GUJARAT & 4....Respondent(s)
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Appearance:
MR VM PANCHOLI, ADVOCATE for the Petitioner(s) No. 1
MR RAKESH R. PATEL AGP for the Respondent(s) No. 1
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         CORAM: HONOURABLE MR.JUSTICE A.J.DESAI

                                Date : 04/03/2014

ORAL ORDER

1 By way of present petition under Articles 14 , 19 and 226 of the Constitution of India, the petitioner has prayed as under:

16.(A) Your Lordships may be pleased to admit and allow this petition;

(B) Your Lordships may be pleased to issue a writ of mandamus or writ in the nature of mandamus or any other appropriate writ, order or direction and thereby be pleased to direct the respondents authorities to decide the applications dated 05.08.2012 and 16.08.2012 (AnnexureB) submitted by the petitioner and thereby grant quarry lease to the petitioner as sought for by the petitioner;

(C) Your Lordships may be pleased to issue a writ of mandamus or writ in the nature of mandamus or any other appropriate writ in the nature of mandamus or any other appropriate writ, order or direction and thereby be pleased to direct the respondents authorities to decide the application dated 24.02.2014 (AnnexureC) submitted by the petitioner and Page 1 of 3 C/SCA/3411/2014 ORDER thereby further be pleased to direct the respondents to grant urgent permit to the petitioner for the area mentioned in the said application on a condition that the petitioner should deposit an amount of Rs. 2,40,000/ per permit by way of advance royalty or on the terms and conditions which the respondents may deem, fit and proper;

(D) Pending admission, hearing and final disposal of the petition, Your Lordships may be pleased to direct the respondents authorities to decide the application dated 24.02.2014 ( AnnexureC) submitted by the petitioner and to grant urgent permit to the petitioner for the area mentioned in the said application;

(E) Your Lordships may be pleased to pass such other and further orders as may deemed just and proper in the interest of justice."

2 Heard Mr. VM Pancholi, learned advocate appearing for the petitioner.

3 Considering the submission made by learned Advocate Mr. Pancholi for the petitioner and considering the facts and circumstances of the case, I am of the opinion that the interest of justice would be met by passing the following order:

"The concerned respondent authority is hereby directed to decide applications dated 05.08.2012 and 16.08.2012 submitted by the petitioner for grant of quarry lease as expeditiously as possible preferably with a period of eight weeks from the date of receipt of the order. Meanwhile, the concerned respondent shall also decide as expeditiously as possible the application dated 24.02.2014 submitted by the petitioner for giving urgent permit to him till the applications for quarry leases are decided."

Page 2 of 3 C/SCA/3411/2014 ORDER

4 In view of the above observations, learned Advocate Mr. V.M. Pancholi, appearing for the petitioner does not press the present petition and he seeks permission to withdraw the same. Permission as prayed for is granted. Petition stands disposed as withdrawn. Direct service is permitted.

(A.J.DESAI, J.) pnnair Page 3 of 3

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