GUJARAT AMUSEMENT AND FUNWORLD PVT.LTD.versusSTATE OF GUJARAT
- Disposal
- 58-RULE ISSUED & RULE ABSOLUTE/ALLOWED @FH
- Bench
- HEMANT M PRACHCHHAK
Holding
The Court directed the respondent authority to decide the pending licence renewal applications within four weeks and disposed of the petition.
Summary
Gujarat Amusement and Funworld Pvt. Ltd., operating a water park, applied for renewal of its licence in 2018 and again in 2025, but the authorities failed to decide despite multiple submissions and reminders, causing the park to remain closed and resulting in financial loss. The company filed a special civil application under Articles 14, 19 and 226 of the Constitution seeking a writ of mandamus directing the authorities to grant the licence and to allow interim operation of the park. The respondents, through their AGP, indicated that the pending applications would be decided within four weeks. The High Court directed the concerned authority to decide both renewal applications within four weeks of receipt of the order and disposed of the petition, allowing the petitioner to file a fresh petition if any difficulty arises. No substantive adjudication on the constitutional claims was made; the court merely set a time‑frame for administrative action.
Issues considered
- Does the prolonged inaction of the licensing authority in deciding the renewal application violate the petitioner's constitutional rights under Articles 14, 19 and 226, warranting a writ of mandamus?
- Can the court grant interim permission to operate the water park pending the final decision on the licence renewal?
Subjects
Judgment
C/SCA/2821/2026 JUDGMENT DATED: 12/03/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 2821 of 2026
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK Sd/-
==========================================================
Approved for Reporting Yes No
No
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GUJARAT AMUSEMENT AND FUNWORLD PVT.LTD.
Versus
STATE OF GUJARAT & ORS.
==========================================================
Appearance:
MR. RAHUL R DHOLAKIA(6765) for the Petitioner(s) No. 1
MS NIRALI SHARDA AGP for the Respondent(s) No. 1,2,3
==========================================================
CORAM:HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK
Date : 12/03/2026
JUDGMENT
1. Rule. learned AGP waives service of notice of rule on
behalf of the respondents.
2. Present petition is filed by the petitioner under
Articles 14, 19 and 226 of the Constitution of India, 1950
seeking following relief/s:-
"8(A) Your Lordships may be pleased to issue a writ of
mandamus or any other appropriate writ, Order or
direction, directing the Respondent Authorities to decide
and grant the application dated 10.01.2025 at Annexure-
A and 19.01.2026 at Annexure-B for renewal of the
license for the operation of the Petitioner's water park;
(C) Pending admission, hearing and final disposal of the
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C/SCA/2821/2026 JUDGMENT DATED: 12/03/2026
present petition, permit the petitioner to operate its
water park up till the renewal application is finally
decided and granted by the concerned authority.
(D) Grant such other and further reliefs as may be
deemed just and proper in the facts and circumstances
of the case."
3. The facts giving rise to present petition are that The
Petitioner Company was incorporated on 21.12.1993
under the Companies Act, 1956 in the name of Baroda
Funworld Limited, which was later changed to Gujarat
Amusement and Funworld Limited on 25.03.1994. The
Petitioner established an amusement park at Village
Rayan Talavadi, Taluka Waghodia, District Vadodara after
obtaining necessary approvals including Non-Agricultural
permission dated 09.02.1994 and a Booking and
Performance Licence issued by the Additional District
Magistrate, Vadodara on 12.02.1994, which was renewed
from time to time.
3.1 In the year 2010, the Petitioner developed a Water
Park at the said premises after obtaining approval from
the Gram Panchayat. Thereafter, the Additional District
Magistrate, Vadodara granted a licence for operation of
the Water Park on 25.04.2012, which was renewed
periodically up to 31.12.2018.
3.2 Upon the licence becoming due for renewal, the
Petitioner applied for renewal on 27.12.2018 along with
all required documents. Subsequently, the Petitioner also
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C/SCA/2821/2026 JUDGMENT DATED: 12/03/2026
submitted an application before the Sub-Divisional
Magistrate, Dabhoi on 29.12.2019. During this period, the
Water Park operations were halted due to the COVID-19
pandemic in March 2020. Thereafter, the authorities
sought certain certificates and NOCs, which the
Petitioner duly attempted to procure and submit.
3.3 Despite repeated submissions of applications,
documents and clarifications between 2020 and 2023, no
decision was taken by the authorities. The Petitioner
again submitted a comprehensive application for renewal
before the Additional District Magistrate, Vadodara on
10.01.2025 along with all requisite NOCs, safety
compliance documents and insurance certificates. Even
thereafter, further documents were submitted as required
by the authorities.
3.4 However, till date no decision has been taken on the
renewal application. The Petitioner has made several
personal visits and submitted reminder letters to the
District Magistrate and Additional District Magistrate,
Vadodara requesting expeditious consideration of the
application. Despite the same, the renewal application
remains pending and the Water Park continues to remain
closed solely due to the inaction of the respondent
authorities, causing substantial financial loss to the
Petitioner.
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C/SCA/2821/2026 JUDGMENT DATED: 12/03/2026
4. Heard learned counsel appearing for the respective
parties.
5. Today, Ms. Nirali Sharda, learned AGP for the
respondents, under the instructions of Mr. Bhavesh
Prajapati, Dy. Mamlatdar, Vadodara submits that the
application dated 10.01.2025 at Annexure-A and
19.01.2026 at Annexure-B for renewal of the license for
the operation of the Petitioner's water park shall be
decided within period of four weeks.
6. In view of the above, the concerned respondent
authority is hereby directed to decide both the aforesaid
applications of the petitioner within period of four weeks
from the date of receipt of copy of present order. After
the decision is taken by the concerned respondent
authority, in case of any difficulty, the petitioner is at
liberty to file fresh petition.
7. In view of the statement of Ms. Sharda, learned AGP,
present petition is disposed of. 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 12/03/2026 18:07:26
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