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Fatesinghbhai Amrabhai Gamit vs State Of Gujarat
2022 Latest Caselaw 10026 Guj

Citation : 2022 Latest Caselaw 10026 Guj
Judgement Date : 13 December, 2022

Gujarat High Court
Fatesinghbhai Amrabhai Gamit vs State Of Gujarat on 13 December, 2022
Bench: Biren Vaishnav
    C/SCA/8717/2017                                ORDER DATED: 13/12/2022




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

            R/SPECIAL CIVIL APPLICATION NO. 8717 of 2017
==========================================================
             FATESINGHBHAI AMRABHAI GAMIT & 16 other(s)
                              Versus
                    STATE OF GUJARAT & 5 other(s)
==========================================================
Appearance:
JAGATSINH L VASAVA(7888) for the Petitioner(s) No.
1,10,11,12,13,14,15,16,17,2,3,4,5,6,7,8,9
MR.JAY TRIVEDI, AGP for the Respondent(s) No. 1
MR HRIDAY BUCH(2372) for the Respondent(s) No. 4,5,6
NOTICE SERVED for the Respondent(s) No. 1,2,3
==========================================================
 CORAM:HONOURABLE MR. JUSTICE BIREN VAISHNAV

                            Date : 13/12/2022

                             ORAL ORDER

1. The prayer in the petition reads as under:

"8(b) Your Lordships may be pleased to issue a writ of Mandamus or any other writ or order to the Respondent No-1 to 3 to stop illegal mining activities by the Respondent No-3 to 6 as per the judgment of Hon'ble Supreme Court in

2. Pursuant to the prayer so made, it is a specific

case of the private respondents appearing

through Mr.Hriday Buch that they are carrying

out mining activities in accordance with the

permissions granted by the competent

C/SCA/8717/2017 ORDER DATED: 13/12/2022

authorities including the Gujarat Pollution

Control Board. Environmental clearances have

been obtained from time to time and there is no

reason why the petitioner should apprehend that

the mining that is carried out is illegal.

3. Having heard Mr.Jagatsinh Vasava learned

advocate for the petitioners, Mr.Hriday Buch

learned advocate for the private respondents and

Mr.Jay Trivedi learned AGP for the State, the

aspect that is raised in this petition shall be

looked into by the respondents-State in

accordance with law within a period of eight

weeks from the date of receipt of copy of this

order.

4. The petition is disposed of with a clarification

that the Court has not examined the merits of the

matter.

(BIREN VAISHNAV, J) ANKIT SHAH

 
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