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Shyam vs Special

High Court Of Gujarat|23 April, 2012

JUDGMENT / ORDER

Learned advocate for the petitioner has invited this Court's attention on page no.24 wherein he has reproduced the order passed by this Court in Special Civil Application No. 1700 of 2012 dated 3/2/2012, and submitted that this petition is in respect of same subject but another parcel of land and in this case the application for renewal is pending since April 2011.
This Court proposes to pass same order. Petitioner confines this petition qua the direction similar to that which has been passed in earlier matter, i.e. Special Civil Application No. 1700 of 2012 dated 3/2/20123. The order whereof is reproduced:
"1.
Heard learned advocate for the petitioner. This petition is confined to only one grievance, namely the appeal preferred by the petitioner challenging the order of rejection of its request for grant of quarry lease for excavation of ordinary sand from river bed of Bhadar river is not decided till date. The date of appeal is 8/8/2009. Learned AGP appearing on advance copy submits that the appeal, if not decided, is required to be decided in reasonable time.
2. This Court is of the considered view that the delay in disposing of the appeal justifies issuance of direction as under, as in case, if the lease is not required to be granted, then, even the denial could be communicated to the petitioner and the petitioner cannot be kept in dark without decision in appeal for quite some time.
(a) The appeal is preferred in the year 2009, hence the respondent no.2 is directed to decide the appeal within fifteen days (15 days) from the date of receipt of writ of this Court.
3. This petition is disposed of without entering into merits of the matter, as the petition is confined only to the prayer of issuance of direction to respondent no.2 for expeditious disposing of the appeal. Direct service permitted."
Hence, this petition is disposed of without entering into merits of the matter. The application pending before the concerned authority/ respondent no.2 shall decide the same as soon as possible, preferably within 30 days (thirty days) from the date of receipt of writ of this Court. No costs. Direct service permitted.
[ S.R. BRAHMBHATT, J ] /vgn Top
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Title

Shyam vs Special

Court

High Court Of Gujarat

JudgmentDate
23 April, 2012