Learned advocate appearing for the petitioner has placed reliance upon the orders passed by this Court in Special Civil Application No. 2974 of 2012 and Special Civil Application No. 6 of 2012 dated 26.03.2012 and submitted that law point raised in this case would be in fact covered by the decisions, which has not been challenged so far. Therefore, this petition also be disposed of in line of those orders.
Learned advocate appearing for the petitioner has submitted that in this petition, the lease is existing since 2006 and it was to expire on 09.11.2009 and renewal application is already filed in time and on account of operation of Rule 17(4) Gujarat Minor Mineral Concession Rules, 2010 (hereinafter referred to as 'the Rules' for short), their license is deemed to have been extended and mining operations are permitted to carry on. Now, in this eventuality, no action on the part of respondent authority on the renewal application and stopping of royalty passes would amount to render the petitioner out of business for no rime or reason on the part of respondent authority.
Learned AGP appearing for respondent State could not controvert this aspect, which is submitted by learned advocate for the petitioner.
The Court is of the considered view that in light of the provisions of Rule 17(4) of the Rules, it becomes clear that without any notice or any opportunity to present petitioner to meet with the allegations and/or contentions, which are supposed to be the basis for stopping of issuance of royalty passes, the same could not have been stopped. In the instance case, admittedly, no notice was issued to petitioner and hence, this petition is required to be disposed of only on narrow point that the authorities have not acted upon the application of renewal put up by the petitioner and no notice is issued to the petitioner and stopped the royalty passes. Therefore, this petition is allowed with following direction:
The respondent authority is directed to issue royalty passes to the petitioners and decide the application of renewal as expeditiously as possible and till the same is decided, royalty passes be issued to the petitioner, as authorities cannot deny the renewal of license in view of provisions of Rule 17(4) of the Rules, under which, the license is deemed to have been extended. Direct service permitted. No costs.
(S.R.BRAHMBHATT, J.) pallav Top