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Gujarat High Court
Tirupati Minechem vs State Of Gujarat on 9 February, 2026
NEUTRAL CITATION
C/SCA/14466/2024 ORDER DATED: 09/02/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 14466 of 2024
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TIRUPATI MINECHEM
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MR R.K.MANSURI(3205) for the Petitioner(s) No. 1
MR MAYANK CHAVDA, AGP for the Respondent(s) No. 1,2,3,4
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CORAM:HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE
Date : 09/02/2026
ORAL ORDER
1. Rule. Learned Assistant Government Pleader waives
service of notice of rule on behalf of respondents.
2. By the present writ petition, the petitioner is praying
for a direction to quash and set aside the order dated
02.07.2024 passed by the respondent No. 3 - Collector,
Kachchh rejecting the application of the petitioner dated
22.06.2022 for Stock Registration on the grounds that the
same is un-reasoned and non speaking.
3. It is the case of the petitioner that the appellate
authority vide its order dated 22.09.2023 had remanded the
case back to the respondent No.3 - Collector, Kachchh for
fresh consideration on merits. Learned advocate for the
NEUTRAL CITATION
C/SCA/14466/2024 ORDER DATED: 09/02/2026
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petitioner submits that thereafter the petitioner has also
filed its detailed submissions at the time of hearing on
11.12.2023. He submits that without taking into
consideration the same, the respondent No.3- Collector had
rejected the application of the petitioner for Stock
Registration on the same grounds without assigning any
reasons.
4. Learned Assistant Government Pleader, Mr. Mayank
Chavda for the respondents authorities submits that the
impugned order is a reasoned order, it specifically states that
the application for Stock Registration has been rejected
after taking into consideration the submissions made by the
petitioner at the time of hearing. He further submits that
submissions of the petitioner are also recorded in the order.
Learned AGP therefore submits that the present writ
petition be dismissed as the impugned order is passed on
merits.
5. Considered the submissions and perused the
documents.
6. By the order dated 16.12.2022, the respondent No.3 -
Collector, Kachchh had rejected the application of the
petitioner dated 22.06.2022 for Stock Registration.
NEUTRAL CITATION
C/SCA/14466/2024 ORDER DATED: 09/02/2026
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Aggrieved by the same, the petitioner had preferred appeal
No. 1 of 2023 before the Additional Director of Appeals, who
by the order dated 22.09.2023 had set aside the order of the
Collector dated 16.12.2022 and after recording four reasons,
had directed the Collector to decide the application of the
petitioner afresh taking into consideration the reasons given
for remand. Thereafter the respondent No.3 - Collector has
granted hearing to the petitioner on 11.12.2023. The
petitioner has submitted his written submissions on the
same date. By the impugned order while recording the
submissions of the petitioner at the time of hearing, the
same has been rejected without assigning any reasons. The
impugned order only records that upon checking the record
and considering the submissions, the same are rejected.
Further, the impugned order also does not take into account
the reasons for remand which were directed to be
adjudicated vide order dated 22.09.2023 by the Additional
Director of Appeals.
7. The impugned order is dehors any reasoning. The same
is hereby quashed and set aside. The application for Stock
Registration dated 22.06.2022 preferred by the petitioner is
restored back to the file of the respondent No.3 - Collector,
Kachchh. The Collector, Kachchh shall give a fresh hearing to
the petitioner. The Collector deal with all the contentions
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C/SCA/14466/2024 ORDER DATED: 09/02/2026
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raised by the petitioner and adjudicate the same by giving a
reasoned order and shall also take into account and
adjudicate the reasons enumerated in the remand order
dated 22.09.2023 passed by the Additional Director of
Appeals. The Collector, Kachchh shall pass a reasoned order
upon the application of the petitioner within a period of Six
weeks from the date of hearing. It is clarified that this Court
has not gone into the merits of the case and no opinion is
expressed thereon.
8. The present writ petition is accordingly allowed. Rule is
made absolute. No order as to costs.
(ANIRUDDHA P. MAYEE, J.)
SALIM/
