THAKKAR TRADING CO. Vs. STATE OF GUJARAT

JUDGEMENT

(1.) We have heard Mr. Mihir Joshi, learned Senior Counsel assisted by Mr. Satyam Chhaya appearing for the petitioner and Mr. Utkarsh Sharma, learned Assistant Government Pleader appearing for the respondent.

(2.) The facts of the case in brief are that on 24.8.2012, the petitioner participated in the online tender-cum-auction held by the respondents for awarding lease for Block No.1, Survey No.312 situated at Sabarmati river bed admeasuring 2 Hector at village Poyda, Tal. Prantij, Dist. Sabarkantha for the excavation of ordinary sand. The petitioner's bid of Rs.2 Crore and 11 Lacs for the said area was accepted. The said bid of the petitioner was accepted by the Collector, Sabarkantha. On 3.10.2012, order was passed by the Collector, Sabarkantha mentioning therein the conditions of the tender. In paragraph 6 of the said order, it was clearly mentioned that the petitioner could carry out the sand mining upto 10 meters depth in two to three stages. Paragraph 6 of the said order is extracted below :-

(3.) Thereafter, lease agreement was entered into between the parties on 31.12.2012. The lease agreement was for a period of three years. Condition No.2 and 19 of the lease agreement is extracted below :-