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Gujarat High Court
Rupaben Hasmukhbhai Sachdev vs State Of Gujarat on 18 December, 2025
NEUTRAL CITATION
C/SCA/1336/2025 ORDER DATED: 18/12/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 1336 of 2025
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RUPABEN HASMUKHBHAI SACHDEV
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MR UMANG R VYAS(5595) for the Petitioner(s) No. 1
MR MAYANK CHAVDA AGP for the Respondent(s) No. 1,2,3,4,5
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CORAM:HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE
Date : 18/12/2025
ORAL ORDER
1. Heard learned advocate for the petitioner. It is submitted
hat the impugned recovery order passed by the respondent No.3
was passed dehors any statement or any evidence. Further, it
was submitted that the documents of inquiry including Rojkam,
statement, measurement sheet, map books of accounts were
neither prepared nor provided to the petitioner whereby the
petitioner was unable to effectively give reply to the show-cause
notice dated 07.10.2023. He submits that therefore, the
impugned order dated 26.07.2024 passed by the respondent
No.3 is bad in law and the case may be remanded back to the
respondent No.3 for fresh hearing on merits after making
relevant documents available to the petitioner on the basis of
which penalty has been imposed upon the petitioner.
2. Mr. Mayank Chavda, learned AGP, appearing on behalf of
the respondents submits that the petitioner has replied to the
show cause notice and the same has been taken into
consideration while passing the impugned order. He submits
NEUTRAL CITATION
C/SCA/1336/2025 ORDER DATED: 18/12/2025
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that the petitioner had sought for the relevant documents only
after passing of the impugned order dated 26.07.2024, i.e. in
August 2024. However, learned AGP, upon instructions from Mr.
Abhijeet Dubey, Law Officer, Commissioner of Geology & Mining
submits that no relevant documents have been supplied to the
petitioner.
3. This Court has considered the submissions of the learned
advocates for the petitioner and the respondents and also
perused the documents on record.
4. The impugned order dated 26.07.2024 does not record that
the petitioner has filed reply and the same has not been
considered. Further, it is admitted position that the petitioner
has not been given copy of the documents on the basis of which
the show cause notice came to be issued.
5. In view thereof, there is a breach of principles of natural
justice. The impugned judgment and order dated 26.07.2024
passed by the respondent No.3 is bad in law since the petitioner
was not granted any effective opportunity of dealing with the
show cause notice dated 07.10.2023. Accordingly, the impugned
order dated 26.07.2024 is set aside. The case is remanded back
to the respondent No.3 for fresh adjudication on merits. The
respondent No.3 shall issue fresh show cause notice along with
relevant documents which it seeks to rely upon with regard to
the issuance of such show cause notice and the petitioner shall
be supplied with copies of all such relevant documents. After
giving due opportunity of reply and personal hearing to the
petitioner, the respondent No.3 shall pass fresh order on its own
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C/SCA/1336/2025 ORDER DATED: 18/12/2025
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merits and in accordance with law.
6. It is made clear that this Court has not gone in the merits
of the case nor any opinion is expressed thereon.
With the aforesaid directions, the present Special Civil
Application stands disposed of.
Direct Service is permitted
(ANIRUDDHA P. MAYEE, J.)
KAUSHIK D. CHAUHAN
