HARJIVAN PURSHOTTAMDAS THANKI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This Special Civil Application is to issue a writ of certiorari or any other appropriate write order or directions to quash and set aside the impugned order at Annexure J which is an order passed by the Government of India Ministry of Steel and Mines in the revision petition filed by the petitioner herein Even before filing this revision petition before the Government the petitioner approached this Court by way of Special Civil Application No. 6197 of 1985 for the purpose of quashing the order passed by the Assistant Director of Geology and Mining Jamnagar. As per that order the petitioner herein was directed as follows:

(2.) Mr. Nanavati the learned Counsel appearing for the petitioner raised a contention to the effect that the lease deed has absolutely no restriction to the effect that the mine should be used for captive consumption and cannot be sold except to the State of Gujarat or to the person directed by the State of Gujarat. Hence according to the learned Counsel for the petitioner the Government ought to have permitted the petitioner to sell the excess bauxite mine to whomsoever he likes and in this case the petitioner intends to sell to M.M.T.C which is the Government Organisation. The learned Counsel for the petitioner further submitted that except for this petitioner the others who have the licence for bauxite mine are free to sell the bauxite mine to whomsoever they like and as such the condition referred to above is discriminatory and offends Arts. 14 and 16 All these contentions were raised in the revision application filed before the Central Government The petitioner has failed before the Central Government to produce any Other mining lease to substantiate his case of discrimination. Hence the Central Government was not in a position to consider such an allegation made by the petitioner herein As regards the condition to sell bauxite mined by the petitioner herein. in the revision application the Central Government held that the order granting permission which is Annexure C to the Special Civil Application has to be read along with the lease deed and if read so it is clear that there is a condition as regards the disposal of bauxite mine by the petitioner herein. Hence according to the contract of agreement the petitioner has to abide by the conditions in the order Annexure C to the Special Civil Application. In the said order there is a specific Clause which is Clause (i) and the same reads as under:

(3.) We have carefully gone through these orders and also the order passed by the Central Government in revision application. As we have stated in paragraph (supra) the order Annexure C makes clear as to the condition that has to be followed by the petitioner in lieu of the grant of their mining lease. In the lease deed which is at Annexure D to the main Special Civil Application it has been specifically mentioned that the Government Order No MCR-1580 (T-63)-8453-CHH must form part of the schedule to the agreement. Considering the order which is Annexure C and also the reference to the said order at Annexure D which is the lease deed it is clear that the conditions imposed in the order Annexure C are part and parcel of the agree. ment entered into between the petitioner and the State of Gujarat and hence all the conditions in Annexure C will squarely apply to the petitioner herein. If that is so the order passed in the revision application by the Central Government is correct.