Gujarat High Court
Shreeji Suppliers Through Its ... vs State Of Gujarat on 9 September, 2021
Author: Sangeeta K. Vishen
Bench: Sangeeta K. Vishen
C/SCA/12916/2021 ORDER DATED: 09/09/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 12916 of 2021
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SHREEJI SUPPLIERS THROUGH ITS PROPRIETOR NARENDRA
NARRSHIBHAI KUNDARIA
Versus
STATE OF GUJARAT
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Appearance:
MR NIRAV R MISHRA(6140) for the Petitioner(s) No. 1
for the Respondent(s) No. 2,3,4,5
MR.KRUTIK PARIKH, ASSISTANT GOVERNMENT PLEADER/PP(99) for the
Respondent(s) No. 1
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CORAM:HONOURABLE MS. JUSTICE SANGEETA K. VISHEN
Date : 09/09/2021
ORAL ORDER
1. Mr.Nirav R. Mishra, learned advocate appearing for the petitioner submitted that the Deputy Director (Flying Squad), Geology and Mining Department, has issued the show cause notice dated 01.07.2021; however, while issuing the show cause notice, the copy whereof, was endorsed to the Deputy Director, IT directing it to lock the online account of the petitioner. It is submitted that such notice, is in violation of the provisions of Rule 5(4) read with proviso of the Rules of the Gujarat Mineral (Prevention of Illegal Mining, Transportation and Storage) Rules, 2017 (hereinafter referred to as "the Rules of 2017"). Reliance is placed on the order passed by this Court in the case of Yogeshkumar Ramanbhai Patel v. State of Gujarat rendered in Special Civil Application No.11841 of 2021. It is submitted that this Court when found that the action of the respondent, was not in conformity with the provisions of the Rules of 2017, it had quashed the action and directed it to open the online account of the petitioner concerned.
2. Having regard to the submissions made by the learned advocate for the petitioner, issue notice, returnable on 23.09.2021.
3. Mr.Krutik Parikh, learned Assistant Government Pleader waives service Page 1 of 2 Downloaded on : Fri Sep 10 05:52:58 IST 2021 C/SCA/12916/2021 ORDER DATED: 09/09/2021 of notice on behalf of respondent No.1. For rest of the respondents, direct service is permitted.
(SANGEETA K. VISHEN, J) RAVI P. PATEL Page 2 of 2 Downloaded on : Fri Sep 10 05:52:58 IST 2021