MANGAL MINERALS Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Ms. Falguni Patel, Ld. AGP waives service of rule on behalf of respondents. At the request of the learned advocates for the parties, the matter is taken up for final hearing today.

(2.) The petitioner has complained about order dated 29/5/2007 passed under the signature of the Section Officer, Industries & Mines Department, which is addressed to the Commissioner, Geology, Science & Mineral Department, respondent no. 2 herein and copy thereof is endorsed to the petitioner, whereby the request to condone the delay in submitting the application for renewal of mining lease has been rejected. It is the say of the petitioner that it had submitted application dated 17/4/2007 to the Secretary, Mines and Minerals Department i.e., respondent no. 1 herein with a prayer to condone the delay caused in submitting the application for renewal of the mining lease. The said application was received by respondent no. 1 on 23/5/2007. On 29/5/2007 the impugned order has been passed. It is passed on the ground that since recovery notice has been issued by the office of respondent no. 3 on the petitioner for a sum of Rs.49,22,38,029/=, the petitioner's prayer for delay condonation could not be granted.

(3.) I have heard Mr. PM Thakkar, Ld. Senior Advocate for the petitioner and Ms. Falguni Patel, Ld. AGP for respondents. The main submission of Mr. Thakkar is that the impugned order is passed without observing the principles of natural justice, in as much as no opportunity of hearing has been granted to the petitioner. He has further submitted that merely because recovery notice has been issued that cannot be a ground for rejection of the delay condonation application.