IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 5682 of 2017 FOR APPROVAL AND SIGNATURE:

HONOURABLE MR. JUSTICE BHARGAV D. KARIA ================================================================

	1 Whether Reporters of Local Papers may be allowed to see the judgment ?
2 To be referred to the Reporter or not ?
	3 Whether their Lordships wish to see the fair copy of the judgment ?
	4 Whether this case involves a substantial question of law as to the interpretation of the Constitution of India or any order made thereunder ?

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DHANABHAI KARMANBHAI KODIYATAR & 1 other(s)

Versus STATE OF GUJARAT & 4 other(s)

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Appearance:

MS. KRUTI M SHAH(2428) for the Petitioner(s) No. 1,2 MR DHAWAN JAYSWAL, AGP for the Respondent(s) No. 1 NOTICE SERVED(4) for the Respondent(s) No. 1,2,3,4,5 ================================================================

CORAM: HONOURABLE MR. JUSTICE BHARGAV D. KARIA Date : 09/12/2019

ORAL JUDGMENT

1. Rule, returnable forthwith. Learned Assistant Government Pleader Mr. Dhawan Jayswal waives service of notice of Rule for the

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2.By this petition under Articles 226 and 227 of the Constitution of India, petitioners have prayed for the following reliefs:

“(a). This Hon’ble Court may be pleased to admit and allow this petition;

(b). This Hon’ble Court may be pleased to issue appropriate writ, order or direction for quashing and setting aside the order dated 09.02.2017 passed by the Collector, Porbandar. (C) Pending admission, final hearing and disposal of this petition, direct the Collector to execute an agreement as per the order dated 08.02.2016 passed by the Deputy Secretary, Mines and Mineral Department, Sachivalaya, Gandhinagar in Revision Application No. RVZ/102013/06 /CHH /R-176/ Porbandar, within a stipulated period of time. (D). Grant such other and further relief as thought fit in the interest of justice.”

3.The brief facts of the present case are as under:

3.1.The petitioners applied vide application dated 14.07.08 for grant of quarry lease for lime stone from Survey No.52/4/1/p admeasuring 1.00.00 Hector situated at village Balej, Taluka District Porbandar to the Collector, Porbandar.

3.2. The Collector, Porbandar vide its order dated 18.05.09 rejected the said

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demanded is also applied by Reliance Infrastructure Pvt. Ltd. for mining purpose by making application dated 28.08.08. Being aggrieved and dissatisfied by the said order of the Collector dated 28.08.08, the present petitioner filed Appeal No. 589/09 before the Addl. Director Appellate Authority, Gandhinagar. The said appeal was dismissed by the Appellate authority and confirmed the order passed by the Collector, by passing order dated 19.12.12.

3.3. Being aggrieved and dissatisfied the said orders the petitioners preferred Revision Application No.RVZ/ 102013/ 06/ CHH/R-176 / Porbandar before the Revisional Authority on 03.01.13. The revisional authority has allowed the said Revision Application by its order dated 08.02.16 and directed Collector, Porbandar to execute an agreement and further directed to follow the directions given in Circular dated

16.12.13, 19.08.14, and 06.12.14.

3.4. The petitioner had made detailed representation dated 16.02.16 to Collector, Porbandar to implement the order passed by the reivisonal authority and requested to execute an agreement in favour of the

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to the Collector, Porbandar number of times but for the reason best known to the Collector, Porbandar, the agreement is not executed in favour of the petitioners.

3.5.Therefore, the petitioners preferred SCA No. 18196 of 2016 before this Court seeking direction to the Collector to execute an agreement as per the order dated 08.02.16 passed by the Deputy Secretary, Mines and Mine

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