MANOJBHAI RAMANBHAI OD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By this petition, the petitioner, has prayed for quashing and setting aside the communication/order dtd. 10/5/2023 of the respondent authorities, with a further direction to hold and declare that the lease of the petitioner, falling under sub-rule (3) of Rule 29 of the Gujarat Minor Mineral Concession Rules, 2017 (hereinafter referred to as the "Rules of 2017"), is deemed to have been extended as per clause (b) of sub-rule (1) of Rule 12 of the Rules of 2017 upto 31/3/2025.

(2.) Mr Satyam Chhaya, learned advocate for the petitioner submitted that the application was filed by the petitioner with respect to the land of village Jampura, Taluka: Songadh District: Tapi for the Survey Nos.43, 46 and 47 Tapi River Bed. Vide order dtd. 31/3/2011, the application was rejected and thereafter, the petitioner had approached Secretary, Mines and Minerals Department, by filing an application, which came to be allowed with a direction to the Collector to reconsider the application for grant of lease. It is thereafter, the letter of intent (hereinafter referred to as "the LOI") was issued by the competent authority on 18/10/2014 and the grant order was issued by the District Collector on 29/12/2018 and followed by execution of the lease deed on 15/1/2019 for 5 years.

(3.) It is submitted that the issue involved in the captioned writ petition is identical to the issue raised and decided in the case of Shree Dhara Minerals and Mines vs. State of Gujarat & Ors. in Special Civil Application No. 8850 of 2022 and allied matters and would be governed by the common oral judgment dtd. 26/7/2024 passed by this Court. It is therefore urged that appropriate orders be passed.