Jigishaben Sanjaybhai Dalwadi vs State Of Gujarat

01. This petition is filed by the petitioner under Article 226 of the Constitution of India, in which, the petitioner has prayed for following reliefs, "(a) xxx xxx xxx

(b) This Hon'ble Court may be pleased to issue appropriate writ, order or direction to the respondent no.3 to produce the record and proceedings in respect of grant of quarry lease for black trap in Survey No.160/2p amdeasuring 10.00.00 Hector situated at village Amli, Taluka : Songadh, District Tapi.

(c) This Hon'ble Court may be please to issue appropriate writ, order or directions to the respondent no.3 to follow the guidelines contain in Circular dated 04.02.2017 issued by State of Gujarat in respect of the case of the petitioner.

respondent no.3 to execute an agreement in favor of the petitioner in respect of grant of quarry lease for black trap in Survey No.160/2p admeasuring 10.00.00 Hector istuated at village Amli, Taluka Songadh, District Tapi.

(e) xxx xxx xxx."

02. Heard learned advocate, Ms. Kruti M. Shah for the petitioner and learned AGP Ms. Shruti Pathak for the respondents.

03. It is submitted by learned advocate for the petitioner that on 23.10.2008, the petitioner submitted an application for grant of quarry lease for the black trap from land bearing Survey No.160/2 pk. amdeasuring 10­00­00 Hectors situated in Village : Amli, Taluka : Songadh, District : Tapi to the Collector, Tapi, however, the said application was rejected by the Collector vide order dated 31.03.2011 and, therefore, the petitioner filed Revision Application before the respondent - State. It is submitted that the Deputy Secretary (Appeals), Industries & Mines Department partly allowed the said Revision Application and thereby quashed and set aside the order of the Collector and the matter was remanded back to the Collector for deciding the issue afresh. The Revisional Authority referred to certain Circular in the operative part of the order, which is to be considered by the Collector while passing an order afresh and direction was Page 2 of 4 C/SCA/18402/2018 ORDER also given to the Collector to decide the matter within a period of 45 days.

04. Learned advocate thereafter submits that the Collector did not take any decision within reasonable time and, therefore, the petitioner filed Special Civil Application No.6763/2017 before this Court and this Court disposed of the said petition by an order dated 03.05.2017, copy of which is produced at Page No.15 of the compilation. It is submitted that this Court directed the respondent - Collector to decide the case of the petitioner as per the direction issued by the Revisional Authority as expeditiously as possible but not later than 31.07.2017.

05. In this petition, the grievance raised by the petitioner is that though this Court has directed the authority to decide the application of the petitioner before 31.07.2017, till date the respondent - Collector has not taken any decision and, therefore, this Court may issue appropriate direction to the respondent - Collector.

06. On the other hand, learned AGP submitted that if the request of the petitioner is not considered by the respondent - Collector as per the direction issued by the Revisional Authority as well as this Court, same may be considered and decided within reasonable time.

07. From the records produced on record, it is revealed that the direction is issued by the Revisional Authority in November, 2016 to pass an order within a period of 45 days, however, such direction is not complied with by the respondent -

C/SCA/18402/2018 ORDER Collector. Similarly, direction issued by this Court in the order dated 03.05.2017 passed in

Special Civil Application No.6763/2017 directing the respondent - Collector to decide the case of the petitioner before 31.07.2017 afresh, is also not complied with by the respondent - Collector.

08. Therefore in view of the aforesaid submissions and considering the material produced on record, the present petition is disposed of with a direction to the respondent - Collector to decide the application of the petitioner within a period of four weeks from the receipt of the copy of this order keeping in mind the directions issued by the Revisional Authority vide order dated 19.11.2016 and the order dated 03.05.2017 passed by this Court in Special Civil Application No.6763/2017, failing which, this Court will take strict view of the matter.

09. With the aforesaid observation and direction, the present petition stands disposed of. Direct service is permitted.

(VIPUL M. PANCHOLI, J.) Gautam Page 4 of 4