High Court of Gujarat
KACHH DIST. DUMPER OWNERS WELFARE ASSOCIATION , GANDHIDHAMversusSTATE OF GUJARAT
- Disposal
- 58-RULE ISSUED & RULE ABSOLUTE/ALLOWED @FH
- Bench
- HEMANT M PRACHCHHAK
Holding
The Court directed the respondent authorities to decide the pending representations within eight weeks and disposed of the petition without granting the writ reliefs.
Summary
The Kachh District Dumper Owners Welfare Association filed a special civil application under Articles 226 and 227 of the Constitution challenging two public notifications issued by the District Magistrate that prohibited heavy and extra‑heavy goods vehicles on certain roads between 6 am and 10 pm and diverted traffic to an alternative route. The petition sought quashing of the notifications, a stay of their implementation, and directions to the authorities to decide pending representations filed by the association. The respondents contended that the pending representations should simply be decided by the authorities. The Court examined whether the notifications could be set aside and whether a stay was appropriate, but primarily focused on the procedural aspect of the pending representations. It ordered the District Magistrate and other respondents to decide the representations within eight weeks of receipt of the order. The petition was thereafter disposed, with the Court leaving open the possibility of further legal recourse for the petitioner.
Issues considered
- Whether the public notifications restricting heavy vehicles violate constitutional rights and can be quashed under Articles 226/227.
- Whether the Court can grant a stay of the notifications pending adjudication.
- Whether the respondent authorities are obligated to decide pending representations within a specified time.
Legislation cited
- Bombay Police Act, 1951s. 33(1)(b)
Subjects
public notificationtraffic regulationBombay Police Actwrit jurisdictionArticles 226 and 227heavy vehiclesstay of executionadministrative law
Judgment
C/SCA/15123/2024 JUDGMENT DATED: 02/04/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 15123 of 2024
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK Sd/-
==========================================================
Approved for Reporting Yes No
No
==========================================================
KACHH DIST. DUMPER OWNERS WELFARE ASSOCIATION,
GANDHIDHAM
Versus
STATE OF GUJARAT & ORS.
==========================================================
Appearance:
MR ASHISH M DAGLI(2203) for the Petitioner(s) No. 1
MS DIXA PANDYA AGP for the Respondent(s) No. 1,2,3,4
==========================================================
CORAM:HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK
Date : 02/04/2026
JUDGMENT
1. Rule returnable forthwith. Learned AGP waives service
of rule on behalf of respondents.
2. With the consent of the learned counsels appearing for
respective parties, the petition is taken up for final
hearing.
Page 1 of 4
C/SCA/15123/2024 JUDGMENT DATED: 02/04/2026
3. Present petition is filed by the petitioner under Articles
226 and 227 r/w the provision under Section 33(1)(b) of
the Bombay Police Act, 1951 challenging below
mentioned relief/s:-
"21. (A) Your Lordships may be pleased to admit and allow
this petition.
(B) Your Lordships may be pleased to allow this petition by
quashing and setting aside the public notification No.
Meg/pol-1/Anjarsahar/Praveshbandi/07/2020, Dated
22.07.2020 and subsequent notification being No. Meg/pol-
1/bhare vahno/Pratibandh/Jahernamu/33(1)/03/2023, dated
31.03.2023 issued by respondent no.2 the District
Magistrate, Kachchh-Bhuj, thereby prohibiting and
restricting the plying of particular class of traffic, heavy/
Extra heavy goods vehicles on road towards Anjar Bypass
road and Airport Circle-Galpadar to Airport road- Varsamedi
Village from 6 am to 10 pm and diverted the same on the
alternative road Ajapar-Modvadar-Mithirohar road in the
interest of justice.
C) Your Lordships may be pleased to allow this petition by
issuing writ of certiorari or mandamus or any other writ
order or directions directing respondent no. 2- District
Magistrate, Kachchh-Bhuj and 3 to for the with regulate the
traffic on the road towards Anjar Bypass Road as well as,
Airport Circle-Galpadar to Airport road- Varsamedi Village
and also decide the representations cum grievance of the
petitioners pending before them in the interest of justice.
(D) Pending admission, hearing and final disposal of this
petition, Your Lordship may be pleased to stay
implementation and execution of the public notification no.
Meg/pol-1/Anjarsahar/Praveshbandi/07/2020, Dated
22.07.2020 and Meg/pol-1/bhare
vahno/Pratibandh/Jahernamu/33(1)/03/2023, dated
31.03.2023 issued by respondent no.2 the District
Magistrate, Kachchh-Bhuj, thereby prohibiting and
restricting the plying of particular class of traffic, heavy/
Extra heavy goods vehicles on road towards Anjar Bypass
road and Airport Circle-Galpadar to Airport road- Varsamedi
Page 2 of 4
C/SCA/15123/2024 JUDGMENT DATED: 02/04/2026
Village from 6 am to 10 pm and diverted the same on the
alternative road Ajapar-Modvadar-Mithirohar road in the
interest of justice.
E) Grant such other and further relief(s) as deemed just and
proper by Your Lordships in the interest of justice."
4. Heard learned counsel appearing for the petitioner and
learned AGP for the respondent authorities.
5. Learned counsel for the petitioner submits that the
representations filed by the petitioner against the
notification issued by the concerned authority, is pending
before the respondent authorities and therefore, he
requests that the respondent authority may be directed to
decide the representations within some stipulated time.
6. On the other hand, learned AGP for the respondent
authorities submits that if the representations are
pending before the respondent authorities and not
decided till date, then the respondent authorities shall
decide the representations filed by the petitioner.
7. In view of the above submissions, the representations
at pages 27 and 28 of the petition made by the petitioner
and pending before the concerned respondent authorities
i.e. respondent Nos. 2 and 4 be decided/considered by the
said respondent authorities within period of eight weeks
from the date of receipt of copy of present order.
Page 3 of 4
C/SCA/15123/2024 JUDGMENT DATED: 02/04/2026
8. It is clarified that in case of any difficulty, it is open
for the petitioner to take appropriate recourse available
in law.
9. With above clarification, present petition stands
disposed of accordingly. Rule is made absolute to the
aforesaid extent.
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 07/04/2026 18:00:22
Page 4 of 4
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