PRAVIN KARSHAN KOLIversusSTATE OF GUJARAT

   C/SCA/5510/2026                              ORDER DATED: 17/07/2026




       IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

    R/SPECIAL CIVIL APPLICATION NO.              5510 of 2026

=====================================================
                 PRAVIN KARSHAN KOLI
                        Versus
               STATE OF GUJARAT & ORS.
=====================================================
Appearance:
MR JAY N SHAH(10668) for the Petitioner(s) No. 1
MR HENIL SHAH ASSISTANT GOVERNMENT PLEADER for the
Respondent(s) No. 1,2,3,4,5
=====================================================

 CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI

                          Date : 17/07/2026

                                 ORDER


  1. Rule.           Learned   Assistant      Government         Pleader

    waives service of notice of Rule on behalf of

    respondent-State.


  2. The present Special Civil Application is filed

    praying for the following reliefs:

                “(A) This Hon’ble Court may be pleased to
                admit and allow this petition;

                (B) This Hon’ble Court may be pleased to
                issue    appropriate   writ,   order    or
                direction, directing the respondents to
                produce the records before this Hon’ble
                Court leading them to take action of
                closing the online royalty account of the
                vehicle bearing Dumper No.GJ-12-BW-6441 as


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 C/SCA/5510/2026                           ORDER DATED: 17/07/2026




              well as putting the status of the vehicle
              in question as blacklisted on ‘Vahan
              Portal;

              (C) This Hon’ble Court may be pleased to
              quash and set aside the action of the
              respondents in closing down the online
              royalty account of the vehicle bearing
              Dumper No.GJ-12-BW-6441 of the ownership
              of the petitioner;

              (D) This Hon’ble Court may be pleased to
              issue appropriate writ, order or direction
              to quash and set aside the action of the
              respondent no.5-RTO of showing the status
              of the vehicle bearing Dumper No.GJ-12-BW-
              6441 as blacklisted from ‘Vahan Portal’,
              which is at Annexure-A.

              (E) Pending admission final hearing and
              disposal of this petition, direct the
              respondent nos.2 to 5 to open the online
              account of vehicle bearing Dumper No.GJ-
              12-BW-6441 and remove the status of the
              vehicle as blacklisted from ‘Vahan Portal’
              which is at Annexure-A.

              (F) Grant such other and further relief as
              thought fit in the interest of justice.”


3. It is submitted by the learned counsel for the

  petitioner that the vehicle of the petitioner

  has been blacklisted as it is showing from the

  status of the vehicle from ‘Vahan Portal’. He

  submits          that   the      respondents      have         also

  locked/closed down the online royalty account of

  the petitioner without giving any hearing and


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  without           following        any         due    process        of      law.

  Learned counsel submits that the action of the

  respondents is in violation of the principle of

  natural justice and contrary to Rule 5(4) of the

  Gujarat Minerals (Prevention of Illegal Mining,

  Transportation             and     Storage)           Rules,     2017      (‘the

  Rules 2017’ for short).


4. Learned          Assistant          Government           Pleader,           upon

  instructions             of   Mr.      Keyur         Pandya,      Geologist,

  Kachchh          (East),      submits          that    appropriate           show

  cause notice shall be issued to the petitioner

  and the petitioner shall be given an effective

  hearing           before      passing          a     reasoned       order         on

  merits.


5. Heard       the     learned        counsel          appearing        for        the

  parties. In the facts of the present case and

  considering the provisions of Rule 5(4) of the

  Rules            2017,     the       impugned          action         of         the

  respondents of blacklisting the vehicle of the

  petitioner and locking the ATR account of the

  petitioner without issuance of any show cause



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 C/SCA/5510/2026                                        ORDER DATED: 17/07/2026




  notice and without following any due procedure

  as laid down in Rule 5(4) of the Rules 2017 is

  bad       in       law.    The        impugned         action         of        the

  respondent           authorities          is   accordingly             quashed

  and set aside. The respondents are directed to

  remove the endorsement of the vehicle of the

  petitioner, i.e. Dumper bearing registration No.

  GJ-12-BW-6441,             as     blacklisted           on     the      ‘Vahan

  Portal’ and are also directed to unlock/ reopen

  the online royalty account of the vehicle in

  question forthwith.


6. It    is        further   clarified           that      the     respondent

  authorities           shall      be     at     liberty         to    initiate

  appropriate proceedings in accordance with law

  in respect of any violation by the concerned

  vehicle after issuance of the show cause notice,

  after following due process of law and after

  giving due hearing to the petitioner in terms of

  the provisions of Rule 5(4) of the Rules 2017.


7. With      the     aforesaid        observations,              the     present

  Special Civil Application stands ALLOWED to the



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      C/SCA/5510/2026                                                          ORDER DATED: 17/07/2026




          aforesaid              extent.            Rule         is       made         absolute.               No

          order as to costs. Direct Service is permitted.



                                                                          (NIRZAR S. DESAI,J)
Pallavi




  Original copy of this order has been signed by the Hon'ble Judge.
  Digitally signed by: PALLAVIBEN PRABHUDAS PANCHAL(HC01403), PRIVATE SECRETARY, at High Court of Gujarat on 17/07/2026 16:59:20




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