Authority: High Court of Gujarat, Ahmedabad

Order Date: 17 July 2026

Case Overview

  • Petition: Special Civil Application No. 5510 of 2026 filed by Pravin Karshan Koli (petitioner) against State of Gujarat & others (respondents).
  • Counsel: Mr. Jay N Shah appeared for the petitioner; Mr. Henil Shah, Assistant Government Pleader, appeared for the respondents.
  • Reliefs Sought (A‑F):
  • Admission of the petition.
  • Writ directing respondents to produce records and to close the online royalty account of vehicle GJ‑12‑BW‑6441.
  • Quash the action of closing the online royalty account.
  • Quash the action of respondent No.5 (RTO) showing the vehicle as blacklisted on the Vahan Portal (Annexure‑A).
  • Pending final hearing, direct respondents No.2‑5 to reopen the online account and remove the blacklisted status.
  • Any other relief deemed fit.
  • Petitioner’s Allegation: The vehicle was blacklisted on the Vahan Portal and the online royalty account was locked without any hearing, violating natural justice and Rule 5(4) of the Gujarat Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2017.
  • Respondent’s Position: Assistant Government Pleader, on instruction of Mr. Keyur Pandya, Geologist, Kachchh (East), indicated that a show‑cause notice should be issued before any order.

Order

1. The Assistant Government Pleader waived service of notice of Rule on behalf of the State.

2. The Court held that the respondents’ action of blacklisting the vehicle and locking the ATR (online royalty) account without a show‑cause notice contravened Rule 5(4) of the 2017 Rules and was “bad in law.”

3. The impugned actions are quashed and set aside.

4. Respondents are directed to remove the blacklisted status of Dumper No. GJ‑12‑BW‑6441 from the Vahan Portal and to unlock/re‑open the online royalty account forthwith.

5. Respondents may initiate appropriate proceedings in respect of any violation by the vehicle only after issuance of a show‑cause notice and after giving a hearing, as mandated by Rule 5(4).

6. The Special Civil Application is allowed to the extent stated; the rule is made absolute; no order as to costs; direct service is permitted.

7. Order signed by Justice Nirzar S. Desai and digitally signed by Pallaviben Prabhudas Panchal, Private Secretary, High Court of Gujarat on 17/07/2026 at 16:59:20.

Final Outcome

  • The blacklisting of the petitioner’s vehicle on the Vahan Portal is nullified, and the online royalty account is to be reopened immediately. Any future action against the vehicle must follow the due‑process requirements of Gujarat Minerals Rules 2017, including issuance of a show‑cause notice and a hearing.

Topics: Legal Relief; Vehicle Registration; Regulatory Compliance