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VIKRAM NATH, R. M. CHHAYA
GAMBHIRSINH RATHOD – Appellant
Versus
STATE OF GUJARAT – Respondent
JUDGMENT
VIKRAM NATH, J.
1 This petition under Article 226 of the Constitution of India has been flied praying for the following reliefs:
[B] declare illegal and set aside the Government Resolution dated 18.10.2017;
[C] declare, in the alternative to prayer (a) and (B) above that the proviso to Rule 15(1) of the Gujarat Minerals Concession Rules, 2017 and the Government Resolution dated 18.10.2017 (Annexure-1) is not applicable to the petitioner for the purpose of mining blacktrap;
[D] to quash and set aside the two impugned demand letters dated 21.07.2020 and 07.11.2020 (Annexure 2 and 3 respectively;
[E] to stay, pending the hearing and final disposal of the present Special Civil Application, the operation, implementation and execution of the two impugned demand letters dated 21.07.2020 and 07.11.2020 and thereby direct that the petitioner’s ATR / e-royalty account of blacktrap be opened;
[F] to provide for the costs of the presen
Merely because Rule 15(1) and its proviso of 2017 Rules was mentioned in the order of the Commissioner would not make the Rule applicable. Wrong mention of a provision cannot make the provision appli....
Point of law: State Government have not so far issued any notification in terms of Section 17A, the Industrial Policy–2007 of the Kerala State Government does not have the effect of making a valid re....
Point of Law : Orders and actions of the authorities cannot be equated to the judgments of the Supreme Court and High Courts nor can they be elevated to the level of the precedents, as understood in ....
The court affirmed that applications for quarry leases must comply with statutory rules, and administrative instructions cannot override these provisions.
Compliance with mining lease terms is essential for valid surrender; failure to pay dues justifies lease termination and forfeiture of security deposit.
Only quarry leases granted or renewed before the commencement of the Gujarat Minor Minerals Concession Rules, 2017 are eligible for extension under Rule 12.
The Granite Rules, 1999 prevail over the Andhra Pradesh Minor Mineral Concession Rules, 1996 and the Andhra Pradesh Minor Mineral Auction Rules, 2022 in the event of repugnancy.
The court ruled that amendments rendering pending applications ineligible violate constitutional rights, highlighting arbitrary treatment of applicants and the State's responsibility for delays.
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