MASARIBHAI DEVSHIBHAI BARIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Learned AGP waives service of notice for the respondent- State.

(2.) The present petition has been filed seeking the following prayer:-

(3.) The petitioner was granted permission of quarry lease for mining building limestone by the Collector vide agreement dtd. 3/6/2009 for a period of 10 years. It is the case of the petitioner that on 15/3/2013, an inspection was carried out by the office of geologist, in which it was alleged that he has breached the condition of agreement of lease and the Collector accordingly issued a notice on 29/8/2013 calling upon the petitioner as to why the penalty of Rs.31,81,412.00 should not be imposed upon him. The petitioner accordingly replied to the said notice on 21/9/2013 and thereafter, the Collector, vide order dtd. 1/10/2014 passed an order of imposing penalty of Rs.31,81,412.00. It is the case of the petitioner that the said order was passed without giving an opportunity of personal hearing to him. Accordingly, being aggrieved of the said order, the petitioner preferred an appeal before the Additional Director (Appeals), Department of Mines and Minerals, Gandhinagar and the same was registered as Appeal No.61 of 2014. The petitioner also filed a stay application, which was dismissed by the order dtd. 13/2/2015. In the meantime, during the pendency of the appeal, an inspection was carried out by the Geologist on 3/2/2015 and again, it was found that there was a breach of condition of agreement of lease and hence, a show cause notice dtd. 21/10/2015 was issued to him.