Jayantibhai Jadubhai Shihora vs The State Of Gujarat
2026 Latest Caselaw 548 Guj

Gujarat High Court

Jayantibhai Jadubhai Shihora vs The State Of Gujarat on 16 February, 2026

                                                                                                          NEUTRAL CITATION




                            C/SCA/1889/2026                                 ORDER DATED: 16/02/2026

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                                  IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                                    R/SPECIAL CIVIL APPLICATION NO. 1889 of 2026

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                                              JAYANTIBHAI JADUBHAI SHIHORA
                                                          Versus
                                               THE STATE OF GUJARAT & ANR.
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                     Appearance:
                     MS NAMRATA HARISHBHAI CHAUHAN(6534) for the Petitioner(s) No. 1
                     MR NIKUNJ KANARA AGP for the Respondent(s) No. 1,2
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                          CORAM:HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE

                                                       Date : 16/02/2026

                                                         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 seeking a direction to the respondents to accept and consider his application for compounding under Rule 12 read with Rule 22 of the Gujarat Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2017 and the petitioner be permitted to deposit the compounding amount without insisting upon 30 days waiting period.

3. The learned counsel Ms. Namrata Chauhan appearing for the petitioner submits that the respondents had issued the show cause notice dated 27.01.2026, to which, the petitioner has replied on 05.02.2026. She submits that thereafter, the show cause notice is not being adjudicated by the respondents by insisting that the show cause notice shall be adjudicated only after 30 days. She submits

NEUTRAL CITATION

C/SCA/1889/2026 ORDER DATED: 16/02/2026

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that such stipulation is not in existence in the Rules and that when the petitioner is ready to compound the offence, the same should be adjudicated at the earliest.

4. The learned AGP Mr. Nikunj Kanara, upon instructions, submits that the show cause notice shall be adjudicated within a period of 10 days.

5. Considering the submissions, the respondent No.2 is directed to adjudicate the show cause notice dated 27.01.2026 in terms of the reply of the petitioner dated 05.02.2026 on or before 20.02.2026. The show cause notice shall be adjudicated on its own merits and in accordance with law.

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.

(ANIRUDDHA P. MAYEE, J.)

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