KANAIYALAL B RATHOD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The matter was called out for hearing in the first round then in the second round in the first sitting and lastly in the third round in the second sitting of the Court but none put appearance for the petitioner. Perused the Special Civil Application and heard the learned counsel for the respondents.

(2.) The petitioner challenges by this Special Civil Application the validity and legality of the action of the respondent No. 2 in rejecting his application for excavating minor minerals. The petitioner submitted an application for grant of lease for minor mineral, namely, sand from the river bed Sabarmati in Gandhinagar to the office of the respondent No. 2 on February 18, 1982. By this application he prayed for lease of 10 hectares of land for a period of three years out of the Riverbed of Sabarmati adjoining to Survey No. 282-A of village Motera. This application of the petitioner was declined to be accepted on the ground that the area demanded by the petitioner is in possession of Executive Engineer, Capital Project No. 2 vide impugned letter dated 14th September, 1982. The petitioner has come up with a case that under the order dated 22.7.1983, 4 hectares of land from Survey No. 282/A of Village Motera has been granted on lease to the petitioner for one year and he further stated that under the order dated 26th July, 1983 five persons have been granted lease of 4 hectares of same Survey No. 282/A of Village Motera. Those persons were granted the lease for three years whereas the petitioner has been granted the lease for one year. So the petitioner's grievance is that he should also have been granted the lease of 4 hectares for three years as it has been done in the other cases.

(3.) This Court has admitted this petition of the petitioner on 22.12.1984 and lease itself would have been now expired long back even if it is taken to be for one year or three years.