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CDJ 2026 GHC 075
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| Court : High Court Of Gujarat At Ahmedabad |
| Case No : R/Writ Petition (PIL) No. 234 of 2013 |
| Judges: THE HONOURABLE CHIEF JUSTICE MRS. SUNITA AGARWAL & THE HONOURABLE MR. JUSTICE D.N. RAY |
| Parties : Dilipsinh Kishorsinh Chauhan Versus State Of Gujarat & Others |
| Appearing Advocates : For the Applicant: B.M. Mangukiya(437), Advocate. For the Respondents: Dharmesh D. Nanavaty(2396), Advocate, Hetal Patel, Assistant Government Pleader, Amar D. Mithani(484), Ankit Shah(6371), Harsheel D. Shukla(6158), Virat G. Popat(3710), Advocates. |
| Date of Judgment : 25-02-2026 |
| Head Note :- |
Subject
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| Summary :- |
1. Statutes / Acts / Rules / Orders Mentioned:
- None
2. Catch Words:
- Public interest litigation
- Writ of mandamus
- Inquiry
- FIR
- Revisional authority
3. Summary:
The petition, filed in 2013 as a public interest litigation, sought multiple writs of mandamus directing the Union of India, CBI, State Government, National Remote Sensing Centre and Indian Bureau of Mines to investigate alleged illegal limestone excavation in several villages. The petitioner’s counsel argued that the petition had become infructuous due to the passage of time, rendering any inquiry impossible. The Court observed that no substantive progress had occurred since filing, apart from amendments and notices. Consequently, the Court held that the petition could no longer be entertained. The petition was therefore dismissed as infructuous, and the notice was discharged.
4. Conclusion:
Petition Dismissed |
| Judgment :- |
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Oral Order
Sunita Agarwal, CJ.
1. The present petition has been filed in the nature of public interest litigation in the year 2013 with the following prayers:-
"39(A) Be pleased to issue a writ of mandamus and/or any other appropriate writ, order or direction in the nature of mandamus, and to direct either the Union of India or the Central Bureau of Investigation to conduct an inquiry and lodge FIR after holding inquiry against the persons who found to be culprit in illegal excavation of the mineral - limestone in the villages as mentioned in the body of the petition;
(B) Be pleased to issue a writ of mandamus and/or any other appropriate writ, order or direction in the nature of mandamus, and to direct the State Government to place on record what actions have been taken by the State Government, more particularly by the Collector, Porbandar, what steps and proceedings have been further undertaken in pursuance of the order passed by the revisional authority and the Union of India in relation to cases mentioned in the body of this petition.
(C) Be pleased to issue a writ of mandamus and/or any other appropriate writ, order or direction in the nature of mandamus, and to order to appoint any officer who shall not be holding rank below the Collector, who shall be entrusted to decide and determine all the cases which have been remanded by the Union of India back to the State Government in case of alleged theft of mineral - limestone, the details of which have been given in the body of the petition.
(D) Be pleased to issue a writ of mandamus and/ or any other appropriate writ, order or direction in the nature of mandamus, and to direct that National Remote Sensing Centre, Hyderabad, and Indian Bureau of Mines, Nagpur, to place on records all data of the imagery from the year 2000 to 2013 and place the data of the excavation of the minerals has taken place during this period of the area which is consisted of villages Ranavav, Adityana, Boricha, Bakharla and Katvana, consisted of about 21 kms.
(E) Be pleased to issue a writ of mandamus and/ or any other appropriate writ, order or direction in the nature of mandamus, and to direct the concerned authorities as may be deemed fit by this Hon'ble Court to take action in pursuance of the data so submitted by the National Remote Sensing Centre, Hyderabad and Indian Bureau of Mines, Nagpur.
(F) Pending admission, hearing and final disposal of this petition, this Hon'ble Court be pleased to direct the State Government to place on records what steps have been taken by the State Government in pursuance of the order passed by the revisional authority in the revision applications so mentioned in the body of this petition.
(G) Pending hearing and final disposal of this petition, this Hon'ble Court will be pleased to appoint some officer not to below the rank of Collector, who shall not be in the influence of the Government to take action in accordance with law in relation to the revisional orders recorded by the Union of India;
(H) Pending hearing and final disposal of this petition, this Hon'ble Court be pleased to direct the National Remote Sensing Agency, Hyderabad and Indian Bureau of Mines, Nagpur, to place on record the data of imagery from 2000 to 2013 and place on record the actual excavation of the mineral - limestone took place in the area of the villages Ranavav, Adityana, Boricha, Bakharla and Katvana, consisted of about 21 kms.
(I) Be pleased to pass such other and further orders as the nature and circumstances of the present case may require;"
2. We may note from the order-sheet that nothing much has happened in the matter since the date of filing of the writ petition apart from the amendment for inclusion of the certain persons in the array of the parties and issuing notice to them.
3. Mr. B. M. Mangukiya, learned advocate for the petitioner would submit that the present petition has been become infructuous with the passage of time, inasmuch as, to no inquiry/ investigation can be made now on the allegations made in the writ petition.
4. In view of the above statement, the present petition is dismissed, as having become infructuous over the period of time. Dismissed, accordingly. Notice is discharged.
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