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Gujarat High Court
Digubha Danabha Jadeja vs The State Of Gujarat on 5 February, 2026
NEUTRAL CITATION
C/SCA/1287/2026 ORDER DATED: 05/02/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 1287 of 2026
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DIGUBHA DANABHA JADEJA
Versus
THE STATE OF GUJARAT & ORS.
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Appearance:
MR. MAULIK M SONI(7249) for the Petitioner(s) No. 1
MR NIKUNJ KANARA, AGP for the Respondent(s) No. 1,2,3
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CORAM:HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE
Date : 05/02/2026
ORAL ORDER
1. Rule. Learned AGP waives service of notice of Rule on behalf of
respondent-State.
2. The present Special Civil Application is filed praying for the
following reliefs:
"8(a) This Hon'ble Court may be pleased to admit and allow this petition;
(b) This Hon'ble Court may be pleased to issue appropriate writ, order or
direction and quash and set aside illegal, arbitrary action of respondent
authority showing the status of the Dumper being Registration No.GJ-12-
CT-9767, chassis No.MAT777012P3C07948 in the 'Vahan Portal'
blacklisting as well as pass appropriate writ, order and direction to
respondent authority remove status of blacklisting of Dumper being
Registration No.GJ-12-CT-9767, chassis No.MAT777012P3C07948 in
the 'Vahan Portal' in the interest of justice.
(c) Grant such other and further relief as thought fit in the interest of
justice."
3. It is submitted by the learned counsel for the petitioner that the
vehicle of the petitioner has been blacklisted as it is showing from the
status of the vehicle from 'Vahan Portal'. He submits that the respondents
have also locked/closed down the online royalty account of the petitioner
without giving any hearing and without following any due process of law.
NEUTRAL CITATION
C/SCA/1287/2026 ORDER DATED: 05/02/2026
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Learned counsel submits that the action of the respondents is in violation
of the principle of natural justice and contrary to Rule 5(4) of the Gujarat
Minerals (Prevention of Illegal Mining, Transportation and Storage)
Rules, 2017 ('the Rules 2017' for short).
4. Learned Assistant Government Pleader, upon instructions of
Mr.Keyur Pandya, Geologist, Kachchh (East), submits that appropriate
show cause notice shall be issued to the petitioner and the petitioner shall
be given an effective hearing before passing a reasoned order on merits.
5. Heard the learned counsel appearing for the parties. In the facts of
the present case and considering the provisions of Rule 5(4) of the Rules
2017, the impugned action of the respondents of blacklisting the vehicle
of the petitioner and locking the ATR account of the petitioner without
issuance of any show cause notice and without following any due
procedure as laid down in Rule 5(4) of the Rules 2017 is bad in law. The
impugned action of the respondent authorities is accordingly quashed and
set aside. The respondents are directed to remove the endorsement of the
vehicle of the petitioner, i.e. Dumper bearing registration No.GJ-12-CT-
9767, as blacklisted on the 'Vahan Portal' and are also directed to unlock/
reopen the online royalty account of the vehicle in question forthwith.
6. It is further clarified that the respondent authorities shall be at
liberty to initiate appropriate proceedings in accordance with law in
respect of any violation by the concerned vehicle after issuance of the
show cause notice, after following due process of law and after giving
due hearing to the petitioner in terms of the provisions of Rule 5(4) of the
Rules 2017.
7. With the aforesaid observations, the present Special Civil
Application stands ALLOWED to the aforesaid extent. Rule is made
NEUTRAL CITATION
C/SCA/1287/2026 ORDER DATED: 05/02/2026
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absolute. No order as to costs.
Direct Service is permitted.
Sd/-
(ANIRUDDHA P. MAYEE, J.)
ABHISHEK/9
