Dipak Stone Suppliers vs State Of Gujarat
2023 Latest Caselaw 695 Guj

Citation : 2023 Latest Caselaw 695 Guj
Judgement Date : 25 January, 2023

Gujarat High Court

Dipak Stone Suppliers vs State Of Gujarat on 25 January, 2023

Bench: Biren Vaishnav

    C/SCA/1254/2023                            JUDGMENT DATED: 25/01/2023




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

              R/SPECIAL CIVIL APPLICATION NO. 1254 of 2023
                                  With
              R/SPECIAL CIVIL APPLICATION NO. 1253 of 2023
                                  With
              R/SPECIAL CIVIL APPLICATION NO. 1252 of 2023
                                  With
              R/SPECIAL CIVIL APPLICATION NO. 1251 of 2023
                                  With
              R/SPECIAL CIVIL APPLICATION NO. 1250 of 2023
                                  With
              R/SPECIAL CIVIL APPLICATION NO. 1249 of 2023
                                  With
              R/SPECIAL CIVIL APPLICATION NO. 1248 of 2023
                                  With
              R/SPECIAL CIVIL APPLICATION NO. 1247 of 2023
                                  With
              R/SPECIAL CIVIL APPLICATION NO. 1246 of 2023
                                  With
              R/SPECIAL CIVIL APPLICATION NO. 1245 of 2023

FOR APPROVAL AND SIGNATURE:


HONOURABLE MR. JUSTICE BIREN VAISHNAV

==========================================================

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 ?

==========================================================
                        DIPAK STONE SUPPLIERS
                                 Versus
                           STATE OF GUJARAT
==========================================================
Appearance:
MS POONAM M MAHETA(11265) for the Petitioner(s) No. 1


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    C/SCA/1254/2023                                  JUDGMENT DATED: 25/01/2023




for the Respondent(s) No. 2,3

MS.DHARITRI PANCHOLI, AGP for the Respondent(s) No. 1 in SCA NOS.
1254, 1253, 1252, 1251, 1250 AND 1245 of 2023

MR.JAY TRIVEDI, AGP for the Respondent(s) No. 1 in SCA NOS.1248 and
1249 of 2023

MR.SANJAY UDHWANI, AGP for the Respondent(s) No. 1 in SCA NOS.
1246 and 1247 of 2023

==========================================================

 CORAM:HONOURABLE MR. JUSTICE BIREN VAISHNAV

                                Date : 25/01/2023

                        COMMON ORAL JUDGMENT

1. RULE returnable forthwith. Learned AGPs

waive service of notice of Rule on behalf of the

respondent State.

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 prayer is made for a

direction to the respondent authorities not to

prohibit the ongoing mining activity of the

C/SCA/1254/2023 JUDGMENT DATED: 25/01/2023

petitioner in the land in question.

4. The prayer further was that a direction be issued

to the respondent authorities to consider the

representations dated 16.01.2023 and provide an

opportunity of hearing before taking out any

proceedings pursuant to the representation

dated 03.10.2022.

5. It appears that a petitioner-one Mohanbhai

Laljibhai Maksana had filed Special Civil

Application No.25844 of 2022 requesting the

Court that a direction be issued that the

complaint with regard to illegal mining be

inquired into and his representation be decided.

6. In the said petition, the Court passed the

following order:

" The only prayer made in this petition is to decide the application of the petitioners dated 03.10.2022.

C/SCA/1254/2023 JUDGMENT DATED: 25/01/2023

The respondents are directed to decide the representation of the petitioners in accordance with law preferably within a period of six weeks from the date of receipt of copy of this order.

With the above direction, the petition stands disposed of. Direct Service is permitted."

7. The present petitioner, therefore, as is evident

from the averments made in para 2 made

representations apprehending that these

complaints at the hands of the petitioner of

Special Civil Application No.25884 of 2022 will

be decided without giving an opportunity of

hearing to the petitioner herein. However,

pursuant to the order of this Court dated

19.12.2022 passed in Special Civil Application

No.25448 of 2022, the Competent Authority has

issued a notice dated 19.01.2023 calling the