C/SCA/14473/2025 JUDGMENT DATED: 02/04/2026 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/- ========================================================== Approved for Reporting Yes No No ========================================================== PRAKASHBHAI SOMABHAI GANVIT Versus STATE OF GUJARAT & ANR. ========================================================== 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 C/SCA/14473/2025 JUDGMENT DATED: 02/04/2026 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. Page 2 of 5 C/SCA/14473/2025 JUDGMENT DATED: 02/04/2026 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 action of the respondent authorities in cancelling lease granted vide order dated 20.01.2025 is absolutely illegal, arbitrary and not sustainable in eye of law. He has submitted that the petitioner had engaged so many C/SCA/14473/2025 JUDGMENT DATED: 02/04/2026 villagers and made huge investment around 24 Lakh rupees and not done anything which is in deterrent to continuation of tender terms and condition therefore, the action of the respondent authority suffers from a gross violation of the principles of natural justice, and such action is not sustainable in law. 5.1 Learned counsel for the petitioner submits that respondent authorities have twice extended opportunity of hearing to the Sarpanch on 19.05.2025 and 02.06.2025 but no opportunity was ever extended to the petitioner who was holding a valid license by the authorities. He has submitted that thereafter on 20.06.2025 cancelled fishing lease without serving the order to petitioner. 5.2 On the other hand, learned counsel / learned AGP for the respondent authorities have opposed the petition and submitted that the action of the respondent authorities is in accordance with law and therefore, no interference is required to be called for by this Court. 6. I have perused the relevant documents and material available on record. I have also gone through the relevant record of the petition. 7. It appears that the Gram Panchayat had raised objections before respondent No.2 and, considering the said objections, the authority has passed the impugned C/SCA/14473/2025 JUDGMENT DATED: 02/04/2026 order. However, it is evident that the said order has been passed without affording a reasonable opportunity of hearing to the petitioner. Therefore, this Court is of the opinion that the impugned order passed by respondent No.2 deserves to be quashed and set aside, and the matter is remitted back to the concerned authority with a direction to take an appropriate decision after giving reasonable and proper opportunity to the petitioner. 8. In view of the above, the impugned orders passed by the respondent authorities are hereby quashed and set aside and the matter is remitted back to the concerned respondent authority for fresh consideration. It is open for the petitioner to raise all contentions/submissions available in law before the authority, and the same shall be decided in accordance with law after providing due opportunity of hearing. The authority shall pass a fresh order preferably within a period of three months from the date of receipt of a copy of this order. 9. With aforesaid clarification, present petition stands disposed of accordingly. Rule is made absolute to the aforesaid extent. 10. The Civil Application stands disposed of accordingly. Sd/- (HEMANT M. PRACHCHHAK,J) SURESH SOLANKI Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: SURESHKUMAR MOTIBHAI SOLANKI(HC00208), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 10/04/2026 11:05:41