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ARAVIND KUMAR, MAUNA M. BHATT
STATE OF GUJARAT – Appellant
Versus
KALUSINH PARBATSINH DEVDA – Respondent
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
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.
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.
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 main legal point established in the judgment is the court's interpretation and application of Rule 29 of the Gujarat Minor Mineral Concessions Rules, 2017, in directing the government to issue an....
The main legal point established in the judgment is that the application of Rule 29(1) and Rule 29(2) of the Gujarat Minor Mineral Concession Rules, 2017, determines the eligibility of pending applic....
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 : If there are any of disqualifications attached to any of these applicants, the same will have to be considered by the State Government. The factual inquiries as above cannot be appropr....
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