Crust Mine-Chem Pvt. Ltd vs State Of Gujarat
2023 Latest Caselaw 66 Guj

     C/SCA/8923/2022                             JUDGMENT DATED: 03/01/2023




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

               R/SPECIAL CIVIL APPLICATION NO. 8923 of 2022


FOR APPROVAL AND SIGNATURE:


HONOURABLE MR. JUSTICE BIREN VAISHNAV

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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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                       CRUST MINE-CHEM PVT. LTD.
                                Versus
                          STATE OF GUJARAT
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Appearance:
MR NIRAV R MISHRA(6140) for the Petitioner(s) No. 1
MR.ROHAN SHAH, AGP for the Respondent(s) No. 1,2
NOTICE SERVED BY DS for the Respondent(s) No. 3,4,5
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    CORAM:HONOURABLE MR. JUSTICE BIREN VAISHNAV

                             Date : 03/01/2023

                            ORAL JUDGMENT

1. RULE returnable forthwith. Mr.Rohan Shah

learned AGP waives service of notice of Rule on

behalf of the respondent State.

C/SCA/8923/2022 JUDGMENT DATED: 03/01/2023

2. With the consent of learned advocates for the

respective parties, the petition is taken up for

final hearing.

3. By way of this petition under Article 226 of the

Constitution of India, the challenge is to the

order dated 30.10.2018 passed by the Collector.

It is the case of the petitioner that the Collector

ought to have considered the case of the

petitioner that 'saved case'. Against the order of

the Collector, a Revision Application has been

filed by the petitioner before the respondent

State bearing No.R652. It is the case of the

petitioner that as evident from the order passed

by this Court in Special Civil Application

No.15078 of 2022, the Revisional Authority be

directed to consider the petitioner's case

whether it would fall within 'a saved case' while

deciding the Revision Application.

C/SCA/8923/2022 JUDGMENT DATED: 03/01/2023

4. Accordingly, the petition is partly allowed. The

Revisional Authority is directed to decide the

Revision Application pending before within 8

weeks from the date of receipt of copy of this

order. While deciding the Revision Application

the Revisional Authority shall give a specific

finding as to whether the case of the petitioner

can be considered under 'saved case' or not.

5. The petition is accordingly disposed of. Rule is

made absolute accordingly. Direct service is

permitted.

(BIREN VAISHNAV, J) ANKIT SHAH