6. Having heard the arguments advanced by both the sides,
while determining the other issues raised by the learned APP
with reference to Mines Act and also with reference to
judgments of this Court and judgment dated 18.12.2017 in
case of Jhala Ghanshyamsingh Mobatsingh vs. State of Gujarat
and other provisions of the said Act and referring to that and
the issues to be determined in future in appropriate
proceedings being contentious issue, this Court is not inclined
to enter into that arena in the present matter and instead
exercised powers vested under Articles 226 and 227 of the
Constitution of India.