INDULAL CHHABILDAS VORA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present writ petition is filed for seeking issuance of writ of mandamus directing the respondents to treat the transfer application made by the petitioner on 15/5/2018 as deemed to have been granted after expiry of 90 days i.e. on 13/8/2018. Further, it is prayed that after such application is deemed to have been granted, the respondents may complete necessary formalities in the matter of transfer of mining lease of petitioner No.1 to petitioner Nos.2 and 3. The petitioners also have challenged communication at 13/5/2021 rejecting the aforesaid transfer application, but the said prayer will not survive since the respondent authority has withdrawn the same.

(2.) The brief facts of the case are as under:

(3.) Learned advocate Mr.A.S.Vakil appearing for the petitioners has submitted that the office of the respondent No.2 addressed a letter/reminder dtd. 20/7/2020 to the respondent No.4 stating that till date no response has been received from the respondent No.4 with regard to the transfer application dtd. 15/5/2018 however, despite such transfer application deemed to have been approved under Rule 5(2) of the 2016 Transfer Rules, the respondents have not taken any further steps, as contemplated under the subsequent sub- rule (3) and other sub-rules of Rule 5 of the 2016 Transfer Rules resulting in the non- execution of the transfer deed, its registration etc. He has submitted that the case of the petitioners would be governed under the provision of Sec. 12A(3) of the MMDR Act and also under paragraph No.2 of the notification dtd. 2/11/2021 and his transfer application dtd. 15/5/2018 should have been granted after completion of 90 days i.e. on 18/8/2018. Thus, he has submitted that appropriate orders may be passed.