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2019 Supreme(Online)(Guj) 11139

HIGH COURT OF GUJARAT
,
AHIR BHAGWAN BHIMSINGH SOLANKITHRO POA NOORMOHAMMAD KALU – Appellant
Versus
STATE OF GUJARAT THRO PRINCIPAL SECRETARY – Respondent


ORAL ORDER

(PER : HONOURABLE THE CHIEF JUSTICE MR. VIKRAM NATH)

1. Present Letters Patent Appeal under Clause 15 of the Letters Patent is directed against the order of the learned Single Judge dated 20.3.2019 passed in Special Civil Application No.15541 of 2012.

2. The case in brief is that the appellant – original petitioner was granted lease with regard to mining of limestone on 22.11.1975. The lease deed was executed on 14.4.1978 with respect to the land bearing Survey No.133/1 admeasuring 16.59.22 hectors at village Inaj, Taluka – Veraval, District – Junagadh. Since the lease which was granted was about to be expired, the appellant had applied for renewal of said mining lease on 11.10.1996.

2.1 As per the say of the appellant, by virtue of effect of Rule 24(A) of the Mineral Concession Rules,1960, more particularly proviso to Sub-Rule (3) provides that in case the report is not received from Controller General, Indian Bureau of Mines within a period of 3 months of receipt of communication from the State Government, it would be deemed that Indian Bureau of Mines had no adverse comment to be offered with respect to grant of renewal of mining lease. The State Government, however,

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