DHAVAL TRADE INTERNATIONAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This is a writ application under Article 226 of the Constitution of India filed by the writ applicant being aggrieved and dissatisfied by the impugned order dtd. 8/3/2018 passed by the Revisional Authority, confirming the order passed by the Collector, rejecting the application filed by the writ applicant by an order dtd. 21/2/2014.

(2.) The brief facts germane for adjudication of the present writ application are stated thus :- 2.1 Mr. Sadhwani, learned advocate appearing for the writ applicant stated that the writ applicant applied for lease for Survey Number 162 admeasuring 1/30/0 hectares of Village Miyani, Taluka Abdasana, District Kutch-Bhuj on 19/1/2008 which came to be granted by the Collector Kutch-Bhuj for a period of five years. However, when the lease deed came to be executed wherein the period of lease was mentioned by the respondent to be for a period of ten years (Annexure-B). The writ applicant was under an impression that the said lease is granted for a period of ten years and that the writ applicant was required to apply for renewal only after a period of ten years. However, the writ applicant received a letter/communication dtd. 22/1/2014 from the Geologist, Bhuj-Kutch mentioning that the period of five years for which the lease agreement was granted has been over and it is due to mistake that the lease agreement was executed for a period of ten years.

(3.) The writ applicant preferred revision application challenging the said order/communication on 22/1/2014. In the meantime, the writ applicant preferred Special Civil Application No.9658 of 2017 and by an order dtd. 5/5/2017, this Court directed the Revisional Authority to decide the said revision application of 2014 within a period of six months after receipt of the order. The revisional authority by an impugned order dtd. 8/3/2018 confirmed the order dtd. 22/1/2014 passed by Geologist, Kutch-Bhuj.