RENUKA R PATEL Vs. COLLECTOR VADODARA

JUDGEMENT

(1.) This petition is directed against the order passed by the Deputy Secretary, Industries and Mines Department, Government of Gujarat dated 08.03.2006 in Revision Application preferred by the petitioner, whereby, the said Revision Application was dismissed and the order passed by the Additional Director, Geology & Minerals Department, Government of Gujarat dated 18.02.2005 as also the order passed by the District Collector, Vadodara dated 17.09.2004, were confirmed.

(2.) The facts in brief are that an Agreement dated 26.02.2004 was entered into between the petitioner and respondent no.3-Nagarpalika for the repair of the roads. After the work was over, a resident of the Nagarpalika filed a complaint before the Mamlatdar, Karjan, alleging that the petitioner was not possessing any valid licence to excavate the soil. On the basis of the said complaint, the authority issued show-cause Notice dated 04.09.2004 to the petitioner and also directed the petitioner to remain present before the authority on 20.09.2004.

(3.) It is the case of the petitioner that before the said date, i.e. 20.09.2004, one of the staff members from the Office of the District Collector, orally informed the husband of the petitioner, Rajesh Ramdasbhai Patel, to personally remain present before the District Collector on 13.09.2004 and accordingly, on the said date, the husband of the petitioner remained present before the District Collector. During that time, the District Collector had taken an undertaking, in writing, from the husband of the petitioner to the effect that the petitioner was not having any lease for carrying out excavation activities and therefore, the petitioner was required to pay necessary penalty thereof.