IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 14473 of 2025 With CIVIL APPLICATION (DIRECTION) NO. 2 of 2025 In R/SPECIAL CIVIL APPLICATION NO. 14473 of 2025 FOR APPROVAL AND SIGNATURE:

HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK Sd/-

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

PRAKASHBHAI SOMABHAI GANVIT Versus STATE OF GUJARAT & ANR.

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Appearance:

SWAPNESHWAR GOUTAM(9051) for the Petitioner(s) No. 1 MR ADITYA DAVDA AGP for the Respondent(s) No. 1 MS SEJAL K MANDAVIA(436) for the Respondent(s) No. 2 ========================================================== CORAM:HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK Date : 02/04/2026

JUDGMENT

1. Rule returnable forthwith. Mr. Davda, learned AGP waives service of rule on behalf of respondent No.1 and Ms. Sejal K. Mandavia, learned counsel waives service of rule on behalf of respondent No.2.

2. Present petition is filed by the petitioner under Articles 14, 19, 21 and 226 of the Constitution of India with below mentioned relief/s:-

"10 (A) This Hon'ble Court be pleased to admit and allow this petition;

(B) This Hon'ble Court be pleased to issue a writ, order or direction and permit petitioner to continue fishing lease activity as granted to the petitioner vide letter dated 20.1.2025 [Annexure C), and direct respondent to forthwith consider the representation dated 19.09.2025 [Annexure H- collectively]

(BA) Quash and set aside order dated 20.06.2025 and

30.10.2025.

(BB) During the pendency of the present petition, stay the implementation of the order dated 20.06.2025 and

30.10.2025 (Annexure I)

(C) This Hon'ble Court be pleased to declare that the action of respondent in cancelling the fishing lease is not severing upon the petitioner is bad in law, and cannot be sustained in the eye of law.

(D) Pending hearing of the present petition, this Hon'ble Court be pleased to permit the petitioner to continue with fishing activity as per lease dated 20.01.2025 [Annexure C) till final disposal of the petition.

(E) This Hon'ble Court be pleased to call original record. (F) Your Lordships be pleased to pass any other appropriate order, as deemed fit in the interest of justice."

3. It is the case of the petitioner that the petitioner is a holder of a valid fishing license. Pursuant to an advertisement dated 12.12.2024 published in Gujarat Samachar, tenders were invited for granting fishing leases of 135 Taluka ponds in Navsari District in accordance with the Government Resolution dated 15.07.2003. The petitioner participated in the tender process for the pond situated at Endhal Village, Taluka Gandevi, District Navsari, admeasuring approximately 7.55.75 sq. hectares, and being the highest bidder at Rs. 51,000/- per annum as against the upset price of Rs.

3,779/-, was granted the fishing lease vide order dated

20.01.2025 for a period of 10 years.

3.1 Pursuant to the grant of lease, the petitioner invested approximately Rs. 24 lakhs towards development and allied activities for fishing. However, to the shock of the petitioner, the said lease came to be abruptly cancelled by Respondent No.2 without issuing any notice or affording any opportunity of hearing. It is further pertinent to note that though hearings were conducted on 19.05.2025 and 02.06.2025 in connection with the objections of the Gram Panchayat, no opportunity of hearing was ever extended to the petitioner. The impugned action of cancellation, without notice, hearing, or even communication of the order, is arbitrary, illegal, and in gross violation of the principles of natural justice and therefore, the petitioner has filed present petition.

4. Heard Mr. Swapneshwar Goutam, learned counsel for the petitioner, Mr. Aditya Davda, learned AGP for respondent No.1 and Ms. Sejal K. Mandavia, learned counsel for respondent No.2.

5. Learned counsel for the petitioner submits that the