DEVENDRASINH ISHVERSINH PARMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner, in the captioned writ petition seeks direction to the respondent authorities to continue the on-line royalty passes with respect to the lease in question of the petitioner. The petitioner also prays for declaration that the lease of the petitioner being falling under sub-rule (3) of Rule 29 of the Gujarat Minor Minerals Concession Rules, 2017 (hereinafter referred to as "the Rules of 2017") is deemed to have been extended as per the provisions of clause (b) of sub-rule (1) of Rule 12 of the Rules of 2017 upto 31/3/2025.

(2.) The brief facts of the case are that in tune with the applicable rules, the petitioner had applied for quarry lease for excavation of ordinary sand with respect to village Jhakhla Taluka: Mandvi District: Gandhinagar. Apropos the application, the letter of intent (hereinafter referred to as "the LOI") came to be issued on 2/7/2016 followed by grant order on 2/1/2019 and it is thereafter, that the lease was executed on 21/5/2019. It is the case of the petitioner that the State Government has framed the Rules of 2017 which, came into operation on and from 24/5/2017, and as per the provisions of Rule 29, the case of the petitioner would fall within the category of "saved cases". Since the case of the petitioner, is covered within the category of "saved cases", it is incumbent upon the authorities to consider the explanation of lease as per clause (b) of sub-rule (1) of Rule 12 and not as per sub-rule (3) of Rule 12 of the Rules of 2017. Hence, the action of abrupt discontinuance of the issuance of royalty passes by the authorities is illegal and against the provisions of the Rules of 2017. Hence, the captioned writ petition.

(3.) Mr.Satyam Chhaya, learned Advocate appearing for the petitioner 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.