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2023 DIGILAW 205 (GUJ)

Dipak Stone Suppliers v. State of Gujarat

2023-01-25

BIREN VAISHNAV

body2023
JUDGMENT : BIREN VAISHNAV, J. 1. RULE returnable forthwith. Learned AGPs waive service of notice of Rule on behalf of the respondent State. 2. With the consent of learned advocates for the respective parties, the petition is taken up for final hearing. 3. By way of this petition under Article 226 of the Constitution of India, the prayer is made for a direction to the respondent authorities not to prohibit the ongoing mining activity of the petitioner in the land in question. 4. The prayer further was that a direction be issued to the respondent authorities to consider the representations dated 16.01.2023 and provide an opportunity of hearing before taking out any proceedings pursuant to the representation dated 03.10.2022. 5. It appears that a petitioner-one Mohanbhai Laljibhai Maksana had filed Special Civil Application No. 25844 of 2022 requesting the Court that a direction be issued that the complaint with regard to illegal mining be inquired into and his representation be decided. 6. In the said petition, the Court passed the following order: “The only prayer made in this petition is to decide the application of the petitioners dated 03.10.2022. The respondents are directed to decide the representation of the petitioners in accordance with law preferably within a period of six weeks from the date of receipt of copy of this order. With the above direction, the petition stands disposed of. Direct Service is permitted.” 7. The present petitioner, therefore, as is evident from the averments made in Para 2 made representations apprehending that these complaints at the hands of the petitioner of Special Civil Application No. 25884 of 2022 will be decided without giving an opportunity of hearing to the petitioner herein. However, pursuant to the order of this Court dated 19.12.2022 passed in Special Civil Application No. 25448 of 2022, the Competent Authority has issued a notice dated 19.01.2023 calling the petitioners for a personal hearing. 8. An apprehension of the petitioner therefore that the petitioner shall not be heard, is now answered. 9. Needless to say that when the petitioners are offered hearing, it shall so be done and orders, if any, shall be passed after hearing the petitioners in accordance with law. 10. It will be open for the petitioners to furnish additional documents if thought fit to support their representations made earlier. 11. 9. Needless to say that when the petitioners are offered hearing, it shall so be done and orders, if any, shall be passed after hearing the petitioners in accordance with law. 10. It will be open for the petitioners to furnish additional documents if thought fit to support their representations made earlier. 11. It is clarified that this Court has not gone into the merits of these matters. 12. Petitions are disposed of. Rule is made absolute to the aforesaid extent. Direct service is permitted.