[9] 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.