IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 4688 of 2026 FOR APPROVAL AND SIGNATURE:

HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK ================================================================

Approved for Reporting Yes No ✔

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KANTILAL @ KANTIBHAI MEGHJIBHAI SORATHIOYA Versus STATE OF GUJARAT & ORS.

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Appearance:

MS KRUTI M SHAH WITH MR JAY N SHAH(10668) for the Petitioner(s) No.

1 MR VAIBHAV SHARMA, ASST. GOVERNMENT PLEADER for the Respondent(s) No. 1,2,3,4,5 ================================================================

CORAM:HONOURABLE MR. JUSTICE HEMANT M.

PRACHCHHAK Date : 17/04/2026

JUDGMENT

1. RULE returnable forthwith. Learned Assistant Government Pleader Mr. Vaibhav Sharma, waives service of notice of Rule for and on behalf of the respondents.

2. With the consent of the learned counsels for the parties, the matter is taken up for final hearing and disposal.

3. By way of present petition under Article 226 of the Constitution of India read with the provisions of the Mines and Minerals (Regulations and Development) Act, 1957 (hereinafter be referred to as “the Act”) and under the provisions of the Gujarat Minor Mineral Concession Rules, 2017 (hereinafter be referred to as “the Rules”), petitioner has prayed for the following reliefs :

“(A) Your Lordships may be pleased to admit and allow this petition;

(B) Your Lordships may be pleased to issue an appropriate writ, order or direction, for quashing and setting aside the order dtd.

27.06.2019 (Annexure – D hereto) passed by the Collector, KUTCH;

(C) Alternatively, Your Lordships may be pleased to issue an appropriate writ, order or direction to respondent authorities more particularly Respondent No. 2 to consider the Revision application of petitioner bearing No. R – 720/KUTCH (Annexure – F) expeditiously within time limit deem fit by the Hon’ble Court;

(D) Pending admission hearing and final disposal of the petition, Your Lordships may be pleased to issue an appropriate writ, order or direction to respondent authorities more particularly Respondent No. 2 to consider the Revision application of petitioner bearing No. R – 720/KUTCH (Annexure – F) expeditiously within time limit deem fit by the Hon’ble Court;

(E) Your Lordships may be pleased to grant any other relief/s which deems fit and proper in the interest of justice.”

4. The brief facts, giving rise to the present petition, in nutshell, are that, the was granted a quarry lease of Black trap mineral situated at Survey no. 984 Paikki, Village - Viddi, Taluka Anjar, Dist. Kutch admeasuring 03-00-00 Hec. vide grant order dated 08.07.2009 for a period of 10 years. That, thereafter, the lease deed dated 29.08.2009 was executed in favour of the petitioner for a period of 10 years starting from 29.08.2009 to 28.08.2019. That, the quarry leases in State of Gujarat were extended till 31.03.2030 by virtue of the Gujarat Minor Mineral Concession Rules, 2017, and therefore, the petitioner filed an application dated 08.09.2017 before the respondent No. 4 for the renewal of the lease deed. That, pursuant to the above application of renewal, the respondent No. 5 issued a notice dated 11.03.2019 upon the petitioner calling him to provide details of the payment made to D.M.F. for the years 2016-2017, 2017-2018 and 2018 2019, details of payment of TCS for the years 2016-2017, 2017-2018 and 2018 2019, and provide details of last three years of Annual Form within 10 days from the receipt of the notice, failing which the lease of the petitioner shall be cancelled on the ground of failure to comply the condition of the lease deed.

4.1 It is the case of the petitioner that, after the issuance of the notice, the petitioner time and again approached office of the respondent No. 5 to seek details and calculations of the pending payments and requesting mode through which the said payment can be made, however