Gujarat High Court
Surtansingh Malubha Jadeja vs State Of Gujarat on 10 February, 2020
Author: A.Y. Kogje
Bench: A.Y. Kogje
C/SCA/15566/2019 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 15566 of 2019
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SURTANSINGH MALUBHA JADEJA
Versus
STATE OF GUJARAT
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Appearance:
MR NIRAV R MISHRA(6140) for the Petitioner(s) No. 1,2
MR. K. M. ANTANI, AGP for the Respondent(s) No. 1
NOTICE SERVED BY DS(5) for the Respondent(s) No. 2,3,4,5
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CORAM: HONOURABLE MR.JUSTICE A.Y. KOGJE
Date : 10/02/2020
ORAL ORDER
1. This petition is filed under Article 226 of the Constitution of India against the inaction of the State Government in not issuing an order in writing for grant of quarry lease despite the fact that the State Government has issued an LOI in favour of the petitioners in connection with mining of limestone in area of 2.00.00 hectares over land bearing Survey No. 420 paiki, Village Punadi, Taluka-Mandavi, District-Kachchh.
2. Learned AGP under instructions states that the reason for not granting quarry lease is that the petitioner has not so far supplied the necessary details for processing his application fulfilling the condition of LOI.
3. To this learned advocate for the petitioners submits that though the requirement of LOI does not stipulate furnishing of mining plan, but in any case the petitioner is ready and Page 1 of 2 Downloaded on : Tue Feb 11 23:31:14 IST 2020 C/SCA/15566/2019 ORDER willing to submit such mining plan within period of one week from today and will submit a mining plan forthwith to the District Collector. Learned Advocate for the petitioners placed on record the order dated 07-02-2019 (SIC).
4. Learned AGP states that as and when the mining plan is submitted and satisfy the Collector of having fulfilled all the conditions of LOI, the Collector will be in position to execute the lease deed in favour of the petitioners.
5. In view of the aforesaid, upon the petitioners submitting the mining plan to the Collector and fulfilling all conditions of LOI, the Collector shall execute the lease deed in favour of the petitioners within period of one month thereof.
6. With the aforesaid, the petition stands disposed of.
Direct service is permitted.
(A.Y. KOGJE, J) PARESH SOMPURA Page 2 of 2 Downloaded on : Tue Feb 11 23:31:14 IST 2020