Unknown vs Jayeshbhai Kanjibhai Kalathiya ...
2021 Latest Caselaw 54 Ori

                           W.P.(C) No.15690 of 2019




02.   04.01.2021            Heard Mr. S. Mohapatra, learned counsel for the
                   petitioner    and   Mr.    M.S.     Sahoo,        learned   Additional
                   Government Advocate for the State-opposite parties by Video
                   Conferencing mode.
                            This is a writ petition highlighted the issue of illegal
                   mining and interstate transportation of sand.
                            Issue notice.
                            Learned Additional Government Advocate accepts
                   notice on behalf of the State-opposite parties. Learned
                   counsel appearing for the petitioner shall serve extra copies
                   of the brief on him in course of the day.
                            It is not disputed that the issue has to be
                   considered by the opposite parties-State in the light of
                   judgment of Supreme Court in Civil Appeal Nos.10373-
                   10374 of 2010 (State of Gujarat and others etc. vs
                   Jayeshbhai Kanjibhai Kalathiya etc.) as well as order of this
                   Court dated 28.09.2020 in W.P.(C) No.13362 of 2020.
                            Mr. S. Mohapatra, learned counsel for the petitioner
                   submits that a time bound direction may be issued to the
                   opposite parties-State to consider the grievances of the
                   petitioner.
                            Accordingly, we dispose of the writ petition directing
                   opposite party no.5-Tahasildar, Aska to take a decision on
                   the   grievances    of   the   petitioner    in    the   light   of   the
                   abovementioned judgment of Supreme Court as well as order
                   of this Court, not later than 5th April, 2021.
                            The petitioner shall approach opposite party no.5-
                   Tahasildar, Aska ventilating his grievances along with copy of
                   this order within fifteen days hence.
                                -2-




                    As   restrictions   are   continuing   for   COVID-19,
            learned counsel may utilize the soft copy of this order
            available in the High Court's website or print out thereof at
            par with certified copies in the manner prescribed, vide
            Court's Notice No.4587, dated 25.03.2020.



                                                .................................

( Dr. S. Muralidhar) Chief Justice

................................ ( Dr. B.R. Sarangi ) S.K. Guin Judge