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Gujarat High Court
Dilipsinh Kishorsinh Chauhan vs State Of Gujarat on 25 February, 2026
Author: Sunita Agarwal
Bench: Sunita Agarwal
NEUTRAL CITATION
C/WPPIL/234/2013 ORDER DATED: 25/02/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/WRIT PETITION (PIL) NO. 234 of 2013
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DILIPSINH KISHORSINH CHAUHAN
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MR BM MANGUKIYA(437) for the Applicant(s) No. 1
ADVOCATE NOTICE SERVED for the Opponent(s) No. 10,12,14,18,20,21
DHARMESH D NANAVATY(2396) for the Opponent(s) No. 8
DS AFF.NOT FILED (N) for the Opponent(s) No. 11,15,16,17,6
MS HETAL PATEL, ASSISTANT GOVERNMENT PLEADER for the
Opponent(s) No. 1,2,3,4
MR AMAR D MITHANI(484) for the Opponent(s) No. 19
MR ANKIT SHAH(6371) for the Opponent(s) No. 9
MR HARSHEEL D SHUKLA(6158) for the Opponent(s) No. 7
MR VIRAT G POPAT(3710) for the Opponent(s) No. 13
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CORAM:HONOURABLE THE CHIEF JUSTICE MRS.
JUSTICE SUNITA AGARWAL
and
HONOURABLE MR.JUSTICE D.N.RAY
Date : 25/02/2026
ORAL ORDER
(PER : HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL)
1. The present petition has been filed in the nature of
public interest litigation in the year 2013 with the following
prayers:-
"39(A) Be pleased to issue a writ of mandamus and/or any
other appropriate writ, order or direction in the nature of
mandamus, and to direct either the Union of India or the
Central Bureau of Investigation to conduct an inquiry and
lodge FIR after holding inquiry against the persons who
NEUTRAL CITATION
C/WPPIL/234/2013 ORDER DATED: 25/02/2026
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found to be culprit in illegal excavation of the mineral -
limestone in the villages as mentioned in the body of the
petition;
(B) Be pleased to issue a writ of mandamus and/or any
other appropriate writ, order or direction in the nature of
mandamus, and to direct the State Government to place
on record what actions have been taken by the State
Government, more particularly by the Collector,
Porbandar, what steps and proceedings have been further
undertaken in pursuance of the order passed by the
revisional authority and the Union of India in relation to
cases mentioned in the body of this petition.
(C) Be pleased to issue a writ of mandamus and/or any
other appropriate writ, order or direction in the nature of
mandamus, and to order to appoint any officer who shall
not be holding rank below the Collector, who shall be
entrusted to decide and determine all the cases which
have been remanded by the Union of India back to the
State Government in case of alleged theft of mineral -
limestone, the details of which have been given in the
body of the petition.
(D) Be pleased to issue a writ of mandamus and/ or any
other appropriate writ, order or direction in the nature of
mandamus, and to direct that National Remote Sensing
Centre, Hyderabad, and Indian Bureau of Mines, Nagpur,
to place on records all data of the imagery from the year
2000 to 2013 and place the data of the excavation of the
minerals has taken place during this period of the area
NEUTRAL CITATION
C/WPPIL/234/2013 ORDER DATED: 25/02/2026
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which is consisted of villages Ranavav, Adityana, Boricha,
Bakharla and Katvana, consisted of about 21 kms.
(E) Be pleased to issue a writ of mandamus and/ or any
other appropriate writ, order or direction in the nature of
mandamus, and to direct the concerned authorities as may
be deemed fit by this Hon'ble Court to take action in
pursuance of the data so submitted by the National
Remote Sensing Centre, Hyderabad and Indian Bureau of
Mines, Nagpur.
(F) Pending admission, hearing and final disposal of this
petition, this Hon'ble Court be pleased to direct the State
Government to place on records what steps have been
taken by the State Government in pursuance of the order
passed by the revisional authority in the revision
applications so mentioned in the body of this petition.
(G) Pending hearing and final disposal of this petition, this
Hon'ble Court will be pleased to appoint some officer not
to below the rank of Collector, who shall not be in the
influence of the Government to take action in accordance
with law in relation to the revisional orders recorded by
the Union of India;
(H) Pending hearing and final disposal of this petition,
this Hon'ble Court be pleased to direct the National
Remote Sensing Agency, Hyderabad and Indian Bureau of
Mines, Nagpur, to place on record the data of imagery
from 2000 to 2013 and place on record the actual
excavation of the mineral - limestone took place in the
NEUTRAL CITATION
C/WPPIL/234/2013 ORDER DATED: 25/02/2026
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area of the villages Ranavav, Adityana, Boricha, Bakharla
and Katvana, consisted of about 21 kms.
(I) Be pleased to pass such other and further orders as the
nature and circumstances of the present case may
require;"
2. We may note from the order-sheet that nothing much
has happened in the matter since the date of filing of the writ
petition apart from the amendment for inclusion of the certain
persons in the array of the parties and issuing notice to them.
3. Mr. B. M. Mangukiya, learned advocate for the
petitioner would submit that the present petition has been
become infructuous with the passage of time, inasmuch as, to
no inquiry/ investigation can be made now on the allegations
made in the writ petition.
4. In view of the above statement, the present petition is
dismissed, as having become infructuous over the period of
time. Dismissed, accordingly. Notice is discharged.
(SUNITA AGARWAL, CJ )
(D.N.RAY,J)
A. B. VAGHELA
