GOKULBHAI MAISURBHAI RATHOD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THESE petitions are filed initially for seeking relief against respondent no. 3 by requesting the Court to direct him to decide the application of the petitioners for renewal of lease for excavating ordinary sand under the provisions of the Gujarat Minor Mineral Rules, 1966 and further to direct him to sanction renewal of lease in respect of the said land. However, it appears that by virtue of the circular dated 23/2/1993 in respect of lease renewal, the Collector has referred the case of the petitioners to the State Government for renewal since the petitioners' lease was for 12 years. The Collector in such case has no jurisdiction.

(2.) I have heard Miss Harshal Pandya, learned advocate appearing for Mr. Paresh Upadhyay for the petitioners and Mr. Niraj Soni, Ld. AGP for the respondents. It is stated by Mr. Soni, on instructions, that the proposals have already been received by the State Government for its consideration whether to grant renewal of lease to the petitioners and appropriate decision will be taken within six weeks from today. However, Miss Pandya has submitted that the Collector has forwarded the proposals on 10/11/2006 to the State Government and hence the State Government be directed to take decision as early as possible and preferably within three weeks.

(3.) HAVING considered the submissions and having perused the averments made in the petitions as well as record of the petitions, it appears that the following direction will adequately serve the interest of both the sides :