KARSHANBHAI CHHOTUBHAI GAMIT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) PETITIONER one Shri Karsanbhai Chhotubhai Gamit is before this court being aggrieved of non-renewal of lease of excavate sand from river bed. The Collector rejected the renewal application by order dated 31. 01. 2005 on the ground that the Gram Panchayat of village 'kel Kutch' has objection against renewal. The submissions made at the time of hearing of the matter on 18. 01. 2005, were found 'not acceptable' and hence the request for renewal of lease was not accepted.

(2.) THE petitioner being aggrieved of this order preferred an appeal before the Additional director (Appeal), Geological and Mines Department, State of Gujarat, being Appeal No. 141 of 2005. The Appellate Authority rejected the appeal by judgment and order dated 07. 05. 2005. The Appellate Authority recorded the following grounds in its order that the Collector has submitted his remarks, perusal of which reveals that renewal of lease of the petitioner will prejudice the law and order situation in the village; the Forest Department has filed a police case against the petitioner; that the Collector had got the place of lease surveyed by a surveyor, wherein it was found that the petitioner is creating disputes about the right of way; that the villagers had given statements to the surveyor, expressing their dissatisfaction, the Gram Panchayat passed a resolution on 11. 12. 2004 recommending, 'not to grant lease to the petitioner'.

(3.) THE petitioner being aggrieved of that preferred a revision before the Revisional authority, who too, by order dated 24. 02. 2006, rejected the reivision application. Thus there are three consecutive orders, rejecting the renewal application of the petitioner.