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SANGEETA K. VISHEN
Devendrasinh Ishversinh Parmar – Appellant
Versus
State Of Gujarat – Respondent
ORDER :
Sangeeta K. Vishen, J.
1. The petitioner, in the captioned writ petition seeks direction to the respondent authorities to continue the on-line royalty passes with respect to the lease in question of the petitioner. The petitioner also prays for declaration that the lease of the petitioner being falling under sub-rule (3) of Rule 29 of the Gujarat Minor Minerals Concession Rules, 2017 (hereinafter referred to as "the Rules of 2017") is deemed to have been extended as per the provisions of clause (b) of sub-rule (1) of Rule 12 of the Rules of 2017 upto 31.03.2025.
2. The brief facts of the case are that in tune with the applicable rules, the petitioner had applied for quarry lease for excavation of ordinary sand with respect to village Jhakhla Taluka: Mandvi District: Gandhinagar. Apropos the application, the letter of intent (hereinafter referred to as "the LOI") came to be issued on 02.07.2016 followed by grant order on 02.01.2019 and it is thereafter, that the lease was executed on 21.05.2019. It is the case of the petitioner that the State Government has framed the Rules of 2017 which, came into operation on and from 24.05.2017, and as per the provisions of Rule 29, the case
Only quarry leases granted or renewed before the commencement of the Gujarat Minor Minerals Concession Rules, 2017 are eligible for extension under Rule 12.
Only existing quarry leases granted before the Gujarat Minor Mineral Concession Rules, 2017, can be extended under Rule 12, affecting the petitioner's claim.
Only existing quarry leases prior to the commencement of the Gujarat Minor Mineral Concession Rules, 2017 are eligible for extension under the specified provisions.
The court affirmed that applications for quarry leases must comply with statutory rules, and administrative instructions cannot override these provisions.
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 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.
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 ....
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