ALIMIYA IMAMALI SAIYEDversusSTATE OF GUJARAT
- Disposal
- 56-DISPOSED AT ADMISSION STAGE
- Bench
- HEMANT M PRACHCHHAK
Holding
The writ petition was disposed of as not pressed.
Summary
The petitioner, Alimiya Imamali Saiyed, filed a writ petition challenging a show‑cause notice dated 18‑Nov‑2025 issued by the Geologist (In‑charge) of Bharuch, which sought reasons why the petitioner’s All‑Time Right (ATR) should not be locked. The petitioner claimed to have already filed a reply to the notice, which was pending consideration. The Assistant Government Pleader, on instructions from the Law Officer of the Geology and Mining Department, informed the court that the ATR would not be suspended until a proposal for lease cancellation, sent by the District Officer, is decided by the State Government, and that this proposal is still pending. In view of this statement, the petitioner’s counsel did not press the writ petition further. Consequently, the court disposed of the petition as not pressed.
Issues considered
- What is the appropriate remedy when a show‑cause notice regarding the locking of an ATR is pending a reply?
- Whether the writ petition is maintainable when the respondent indicates that the matter is pending a governmental decision.
Subjects
Judgment
C/SCA/4981/2026 ORDER DATED: 09/04/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 4981 of 2026
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ALIMIYA IMAMALI SAIYED
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MR MTM HAKIM FOR MR R.K.MANSURI(3205) for the Petitioner(s) No. 1
MR ADITYA DAVDA AGP for the Respondent(s) No. 1,2,3,4
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CORAM:HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK
Date : 09/04/2026
ORAL ORDER
1. By the present writ petition, the petitioner is
impugning the notice dated 18.11.2025, whereby the
respondent No.4-Geologist (In-charge), Bharuch has
issued a show cause notice calling upon the petitioner as
to why the ATR of the petitioner be not locked.
2. Learned advocate Mr. M.T.M. Hakim for the petitioner
submits that the petitioner has already filed his reply to
the show cause notice and the same is pending for
consideration.
3. Learned Assistant Government Pleader, upon
instructions received by him from the Law Officer, office
of the Commissioner, Geology and Mining Department,
Gandhinagar submits that the ATR of the petitioner will
not be suspended till the proposal sent by the District
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C/SCA/4981/2026 ORDER DATED: 09/04/2026
Officer for cancellation of the lease, is decided by the
State Government. He further submits that such proposal
for cancellation of lease is pending consideration with the
State Government.
4. In view of the statement made by the learned Assistant
Government Pleader, learned advocate Mr. Hakim for the
petitioner does not press the present writ petition at this
stage.
5. The present writ petition is disposed of as not pressed.
(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 18:32:32
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