JUDGMENT :

MAUNA M. BHATT, J.

1. The State as Appellant has filed this Letters Patent Appeal challenging the order dated 21.11.2019 rendered by the Learned Single Judge, in Special Civil Application No.3318 of 2016.

2. A Coordinate Bench of this Court vide order dated 30.9.2021 had issued notice and stayed the operation of the impugned order dated 21.11.2019. Considering the issue involved in this appeal lies in a narrow compass and with the consent of parties, the appeal is taken up for final hearing.

3. The relevant facts are to the effect that the Respondent herein (original petitioner) had filed an application dated 25.4.2012 to get a lease for land bearing revenue survey No.235/paiki/2 situated at village Aarkhi, Taluka: Dantiwada, District: Banaskantha admeasuring 7082 Sq. Mtrs for excavation of minor mineral limestone for a period of 10 years. Upon completion of formalities, the Appellant No.3 called for necessary documents and after due verification rejected the respondent’s application vide order dated 7.7.2012. The application was rejected in view of sub rule (1) of Rule 14 of the Gujarat Minor Mineral Concession Rules, 2010 (“Rules 2010” for short) which states that no quarr