SHABBIRBHAI HAMIDBHAI CHUNAWALAversusSUB DIVISIONAL MAGISTRATE

   C/SCA/16214/2020                                JUDGMENT DATED: 07/04/2026




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/SPECIAL CIVIL APPLICATION NO. 16214 of 2020


FOR APPROVAL AND SIGNATURE:


HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK Sd/-

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           Approved for Reporting                 Yes          No
                                                               No
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                      SHABBIRBHAI HAMIDBHAI CHUNAWALA
                                    Versus
                         SUB DIVISIONAL MAGISTRATE
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Appearance:
MR MA KHARADI(1032) for the Petitioner(s) No. 1
RULE SERVED for the Respondent(s) No. 1
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  CORAM:HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK

                              Date : 07/04/2026

                              ORAL JUDGMENT


1. Present petition is filed by the petitioner under Articles
14, 19, 21, 226 and 227 of the Constitution of India r/w
the provision of Gujarat Stamp Act and the provision of
Gujarat Stamp Supply and Sales Rules, 1987 challenging
the impugned order / communication dated 15.09.2020
with below mentioned relief/s:-

       "11 (A) Admit this petitioner


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      (B) Allow this petition by quashing and setting aside the
      order / communication dated 15.09.2020 by which the
      respondent has refused to renew the petitioner's license
      under the Rules

      (C) Allow this petition by declaring that the stamp
      vendor license can be refused to be renewed only if one
      of the exigencies arise as provided in of Gujarat Stamp
      Supply and Sales Rules.

      (D) Grant the interim relief by staying the execution,
      implementation         and       operation        of the
      order/communication dated 15.09.2020 and thereby
      directing the respondent to permit the petitioner to
      continue with his stamp vending profession, pending the
      hearing and till final disposal of this petition.

      (E) Award the cost of this petition.

      (F) Grant such other and further relief(s) which may
      deem fit to the Honourable Court in the interest of
      justice."


2. The facts of the case are that the petitioner has been
holding a stamp vending licence since 2007 under the
Indian Stamp Act, 1899 and the Court Fees Act. The
petitioner has complied with Rule 6 of the Gujarat Stamps
Supply and Sales Rules, 1987. None of the conditions
under sub-rule (2) of Rule 6 have been violated. Despite
this, the respondent, on extraneous and mala fide
considerations, refused renewal of the licence by order
dated 15.09.2020.

2.1 It is the case of the petitioner that Rule 6 read with
Rule 10 provides a complete mechanism for grant and

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renewal of licence. While granting or renewing a licence,
the      authority      is   required     to      verify    eligibility       and
compliance with Rule 6. Rule 11 pertains to revocation;
however, the present case concerns refusal of renewal.

2.2 The Rules do not require obtaining a police report.
Nevertheless, the respondent sought such report with
mala fide intent. The report merely refers to an FIR under
the       Animal        Preservation       Act,     which        is     not        a
disqualification under the Rules. The respondent relied on
irrelevant considerations without referring to any specific
provision or valid instructions, and illegally refused
renewal of the licence.

2.3 In view of the above facts the petitioner has filed
present petition.

3. Heard Mr. Kharadi, learned counsel for the petitioner.

4. Mr. Kharadi, learned counsel for the petitioner submits
that impugned communication dated 15.9.2020 by which
the respondent has refused to renew the petitioner's
license under the Rules deserves to be quashed and set
aside. He has submitted that license of the petitioner has
expired in the year 2020. He submits that in the facts and
circumstances of the case, present petition may be
allowed.

5.       I have perused the record of the petition as well as


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the      relevant       documents   along     with   the      impugned
communication.

6. It appears that, by communication dated 15.09.2020,
the application of the petitioner for renewal of the license
came to be rejected by the respondent on the ground that
an FIR had been registered against the petitioner under
Sections 5(1)(a), 8(4), 9 and 10 of the Prevention of
Cruelty to Animals Act. On that very ground, the
application for renewal of the license was denied.

7.       It appears that the licence had already expired in
2020, and the application for renewal was not considered
by the authority on grounds which are not permissible
under the Gujarat Stamp Supply and Sales Rules, 1987.
There is no prohibition under the said Rules, particularly
Rule 6, justifying such refusal.

8. In view of the above, the petitioner shall submit a fresh
application before the respondent authority along with all
necessary particulars. The respondent authority shall
consider the application afresh, in accordance with law,
without being influenced by the any order, and strictly in
accordance with the Gujarat Stamp Supply and Sales
Rules, 1987, as expeditiously as possible.

9. The petitioner shall file such application within a
period of four weeks from the date of receipt of this
order, and the respondent authority shall decide the same

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within a period of eight weeks from the date of receipt of
the application.

10. With aforesaid observations, present petition stands
disposed of.
         Direct service is permitted.


                                                                                            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 18:33:02




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