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2022 Supreme(Guj) 726

Indulal Chhabildas Vora – Appellant
Versus
State of Gujarat – Respondent


Advocates appeared:
A.S.Vakil, Sahil Trivedi, Advocates

JUDGMENT :

1. The present writ petition is filed for seeking issuance of writ of mandamus directing the respondents to treat the transfer application made by the petitioner on 15.05.2018 as deemed to have been granted after expiry of 90 days i.e. on 13.08.2018. Further, it is prayed that after such application is deemed to have been granted, the respondents may complete necessary formalities in the matter of transfer of mining lease of petitioner No.1 to petitioner Nos.2 and 3. The petitioners also have challenged communication at 13.05.2021 rejecting the aforesaid transfer application, but the said prayer will not survive since the respondent authority has withdrawn the same.

2. The brief facts of the case are as under:

2.1 A mining order dated 30.11.1981 came to be issued under Section 10 of the Mines and Minerals (Development and Regulation) Act, 1957 (for short "the MMDR Act") in favour of the petitioner No.1 sanctioning the grant of a mining lease of Bauxite, which is a major mineral listed in Part C of the First Schedule of the MMDR act. Thereafter, a mining lease deed dated 19.04.1982 came to be executed in favour of the petitioner No.1 for a period of 20 years. The petitioner

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