Gulambhai Rasulbhai Malik vs State Of Gujarat
2026 Latest Caselaw 423 Guj

Gujarat High Court

Gulambhai Rasulbhai Malik vs State Of Gujarat on 5 February, 2026

                                                                                                           NEUTRAL CITATION




                           C/SCA/14433/2025                                 ORDER DATED: 05/02/2026

                                                                                                           undefined




                                  IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                                   R/SPECIAL CIVIL APPLICATION NO. 14433 of 2025

                     ==========================================================
                                              GULAMBHAI RASULBHAI MALIK
                                                        Versus
                                               STATE OF GUJARAT & ORS.
                     ==========================================================
                     Appearance:
                     MR R.K.MANSURI(3205) for the Petitioner(s) No. 1
                     MR NIKUNJ KANARA AGP for the Respondent(s) No. 1,2,3
                     ==========================================================

                          CORAM:HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE

                                                       Date : 05/02/2026

                                                         ORAL ORDER

1. Rule, returnable forthwith. The learned AGP Mr. Nikunj Kanara waives service of rule on behalf of the respondents.

2. By the present writ petition, the petitioner is praying for a direction to quash and set aside the impugned order dated 28.07.2025 passed by the respondent No.3 Geologist, Vadodara.

3. It is submitted by the learned counsel Mr. R. K. Mansuri for the petitioner that the impugned order has been passed without supplying necessary documents and further, no reasoning has been given in the impugned order while imposing the penalty of Rs.3,42,84,682/-. He submits that the impugned order has been passed in breach of principles of natural justice and accordingly, the impugned order be quashed and set aside.

NEUTRAL CITATION

C/SCA/14433/2025 ORDER DATED: 05/02/2026

undefined

4. The learned AGP Mr. Nikunj Kanara appearing for the respondent authorities submits that the documents, as requested by the petitioner, have been supplied. He submits that however, the said documents were supplied after passing of the impugned order. Upon instructions, he submits that the petitioner shall be given fresh hearing.

5. Considering the submissions, the impugned order dated 28.07.2025 is quashed and set aside. The respondents are directed to give a fresh date of hearing to the petitioner. On the said date, the petitioner shall be afforded full opportunity of hearing. The petitioner shall be at liberty to raise all the contentions as available in law. The respondent No.3 shall thereafter pass a reasoned order adjudicating the show cause notice and dealing with all the contentions raised by the petitioner in accordance with law. The adjudication shall be completed within a period of six weeks from the date of receipt of this order.

6. It is clarified that this Court has not gone into the merits of the case and no opinion is expressed thereon.

7. The Special Civil Application is disposed of accordingly.

Rule is made absolute to the aforesaid extent. No order as to costs.

(ANIRUDDHA P. MAYEE, J.) cmk