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2025 DAILYLAW 3761 (GUJ)

CHHAGANBHAI RAMJIBHAI ANKHJA v. STATE OF GUJARAT

SCA/7260/2025 · 2025-05-21

Mool Chand Tyagi

body2025

Judgment text

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C/SCA/7260/2025 ORDER DATED: 21/05/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 7260 of 2025 ========================================================== CHHAGANBHAI RAMJIBHAI ANKHJA Versus STATE OF GUJARAT & ORS. ========================================================== Appearance: MS. KRUTI M SHAH WITH MR JAY N SHAH(10668) for the Petitioner(s) No. 1 MS. KRISHNA DESAI, AGP for the Respondent(s) No. 1,2,3,4 ========================================================== CORAM:HONOURABLE MR.JUSTICE MOOL CHAND TYAGI Date : 21/05/2025 ORAL ORDER 1. Heard learned counsel for the petitioner. 2. Learned counsel for the petitioner submitted that the impugned order dated 18.01.2025 passed by the Geologist without hearing the petitioner. She further submitted that the ATR Account was locked without affording any opportunity of being heard to the petitioner. She further submitted that the order dated 18.01.2025 has been passed in gross violation of the principle of natural justice. 3. On the other hand, learned AGP submitted, on instructions, that an appropriate order may be passed in the present case. 4. Considering the submissions of the learned counsel for the parties and perusal of the record, it is evident that the petitioner was not provided any opportunity before passing the impugned order dated 18.01.2025. Therefore, the impugned order dated 18.01.2025, whereby the ATR Account of the petitioner was closed is not sustainable in the eye of law. Therefore, the same is quashed and set aside. The present petition C/SCA/7260/2025 ORDER DATED: 21/05/2025 stands disposed of, accordingly. Direct service is permitted. The respondent are further directed to reopen the ATR account of the petitioner. (MOOL CHAND TYAGI, J) HARSHIT/GIRISH Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: PARMAR GIRISH KANTILAL(HC00954), Principal Pvt Secretary, at High Court of Gujarat on 21/05/2025 15:28:36