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NEUTRAL CITATION

C/SCA/962/2026 JUDGMENT DATED: 23/03/2026

0.3492265488874988

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 962 of 2026

FOR APPROVAL AND SIGNATURE:

HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK ================================================================

Approved for Reporting Yes No ================================================================

LALIT MOHANLAL SHARMA Versus STATE OF GUJARAT & ORS.

================================================================

Appearance:

MS KRUTI M SHAH WITH MR JAY N SHAH(10668) for the Petitioner(s) No.

1 MR ANGESH A PANCHAL, ASST. GOVERNMENT PLEADER for the Respondent(s) No. 1,2,3,4,5

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CORAM:HONOURABLE MR. JUSTICE HEMANT M.

PRACHCHHAK Date : 23/03/2026

JUDGMENT

1. Rule returnable forthwith. Learned Assistant Government Pleader Mr. Angesh Panchal, waives service of notice of Rule for and

on behalf of the respondents – State Authorities.

2. With the consent of the learned counsel appearing for the respective parties, the petition has been taken up for final hearing

today.

3. By way of present petition under Article 226 of the Constitution of India read with the provisions of the Gujarat Mines and Minerals

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NEUTRAL CITATION

C/SCA/962/2026 JUDGMENT DATED: 23/03/2026

0.3492265488874988

(Regulations and Development) Act, 1957 (hereinafter be referred to as “the Act”) and under the provisions of the Gujarat Mineral (Prevention of Illegal Mining, Transportation and Storage) Rules, 2017 and under the provisions of the Gujarat Minor Mineral Concession Rules, 2017, petitioner has challenged the ex-parte order dated 03.01.2026 passed by the Geologist (In-charge), Geology and Mining

Department, Bharuch and has prayed for the following reliefs :

“(A) Your Lordships may be pleased to issue an appropriate writ, order or direction, for quashing and setting aside the order dated 3.1.2026 (Annexure-H) passed by the Geologist (In-charge), Geology and Mining Department, Bharuch whereby the quarry permit granted to the petitioner

has been cancelled before the expiry of 45 days;

(B) Your Lordships may be pleased to issue an appropriate writ, order or direction to hold that the Mines Supervisor does not have jurisdiction to exercise powers under Rule 12(2)(a) of the Gujarat Mineral (Illegal Mining, Transportation and Storage) Rules, 2017 and further be pleased to hold that the seizure procedure undertaken by the Mines Supervisor on 31.12.2025 and 1.1.2026 is without jurisdiction and further be pleased to direct the authorities to immediately release Volvo excavator machine

which is seized under seizure memo dated 1.1.2026 (Annexure-E);

(C) Your Lordships may be pleased to issue an appropriate writ, order or direction, directing the respondent Nos.2 and 3 to immediately decide application dated 13.11.2025 for the grant of quarry permit for 1 lakh MT

ordinary clay which is annexed at Annexure-B;

(D) Your Lordships may be pleased to issue an appropriate writ, order or direction for quashing and setting aside the notice dated 3.1.2026 (Annexure-F) issued by the Geologist, Bharuch;

(DD) Your Lordships may be pleased to issue appropriate writ, order or direction for quashing and setting aside the order dated 10.02.2026 passed by the Geologist, Geology and Mining Department, Bharuch (Annexure-I-5); (DDD) Your Lordships may be pleased to issue appropriate writ, order or direction for quashing and setting aside communication dated 11.02.2026 issued by the Geologist, Geology and Mining Department, Bharuch

(Annexure-I-6);

(E) Pending admission hearing and final disposal of this petition, Your Lordships may be pleased to stay the further proceedings in pursuance of the notice dated 3.1.2026 (Annexure-F);

(F) Pending admission hearing and final disposal of this petition, Your

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