Gujarat High Court
Divyesh Thakarshibhai Patodiya vs State Of Gujarat on 6 February, 2020
Author: A.Y. Kogje
Bench: A.Y. Kogje
C/SCA/21436/2019 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 21436 of 2019
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DIVYESH THAKARSHIBHAI PATODIYA
Versus
STATE OF GUJARAT
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Appearance:
MR ABHISHEK R SHARMA(10751) for the Petitioner(s) No. 1
NANAVATI CO(7105) for the Petitioner(s) No. 1
MR KANVA ANTANI, AGP for the Respondent(s) No. 1,2,3
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CORAM: HONOURABLE MR.JUSTICE A.Y. KOGJE
Date : 06/02/2020
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 petitioner in connection with mining of limestone in area of 2.00.00 hectares over land bearing Survey No. 120/paiki 2/ paiki 1 (Block D), Village Mokhana, Taluka Jamnagar, District Jamnagar.
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.
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3. To this learned advocate for the petitioner submits that though the requirement of LOI does not stipulate furnishing of mining plan, but in any case the petitioner is ready and willing to submit such mining plan within period of one week from today and will submit a mining plan forthwith to the District Collector.
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 petitioner.
5. In view of the aforesaid, upon the petitioner submitting the mining plan to the Collector, the Collector shall execute the lease deed in favour of the petitioner within period of one month thereof.
6. With the aforesaid, the petition stands disposed of.
(A.Y. KOGJE, J) URIL RANA Page 2 of 2 Downloaded on : Sun Feb 16 08:21:52 IST 2020