JITENDRAKUMAR HARIBHAI SHELIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this petition under Articles 226 and 227 of the Constitution of India, petitioner has sought for following reliefs:-

(2.) The case of the petitioner is that he is resident of village Chital, Taluka Amreli and was interested in obtaining quarry lease for the purpose of mining sand at village Shihod, Taluka Jetpur Pavi, District Vadodara and accordingly, made an application in proscribed form before Collector, Vadodara. Petitioner in turn received a letter dtd. 4/10/2010 calling upon the petitioner to remove deficits and infirmities in the application which the petitioner has removed. However, the request for application for quarry lease came to be rejected vide order dtd. 27/4/2011 mainly on the reason that defects in the application were not cured.

(3.) Aggrieved by the said decision, petitioner preferred a revision application before the Appellate Authority, i.e. respondent No.2, on 20/6/2011, and said revision application came to be allowed vide order dtd. 11/5/2016 substantially on the ground that since deficiencies in the application were cured on 24/12/2010, which was not reflecting in the impugned order of the Collector, the revision application was allowed. Pursuant to the said order passed in revision application, a mere paper work was to be undertaken after completion of necessary formalities, but there was no response from the respondent authority in any form and as such when insisted upon, petitioner received a letter on 11/9/2017 from Geologist, Chhota Udepur, informing the petitioner that it is not possible to implement the order of the Appellate Authority and said order deserves to be taken in review by the Appellate Authority and as such a letter dtd. 26/4/2017 addressed by respondent No.3 to respondent No.2 was supplied and as such, since petitioner is fighting legal battle from the year 2010 and was in receipt of such kind of communication, instead of implementing the order of Appellate Authority, left with no alternate but to approach this Court by way of afore-mentioned petition.