PRAKASHBHAI SOMABHAI GANVITversusSTATE OF GUJARAT

  C/SCA/14473/2025                               JUDGMENT DATED: 02/04/2026




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
           R/SPECIAL CIVIL APPLICATION NO. 14473 of 2025
                                With
             CIVIL APPLICATION (DIRECTION) NO. 2 of 2025
          In R/SPECIAL CIVIL APPLICATION NO. 14473 of 2025

FOR APPROVAL AND SIGNATURE:

HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK Sd/-
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          Approved for Reporting                Yes          No
                                                             No
==========================================================
                     PRAKASHBHAI SOMABHAI GANVIT
                                Versus
                       STATE OF GUJARAT & ANR.
==========================================================
Appearance:
SWAPNESHWAR GOUTAM(9051) for the Petitioner(s) No. 1
MR ADITYA DAVDA AGP for the Respondent(s) No. 1
MS SEJAL K MANDAVIA(436) for the Respondent(s) No. 2
==========================================================
  CORAM:HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK
                            Date : 02/04/2026
                              JUDGMENT

1. Rule returnable forthwith. Mr. Davda, learned AGP
waives service of rule on behalf of respondent No.1 and
Ms. Sejal K. Mandavia, learned counsel waives service of
rule on behalf of respondent No.2.

2. Present petition is filed by the petitioner under Articles
14, 19, 21 and 226 of the Constitution of India with below
mentioned relief/s:-
      "10 (A) This Hon'ble Court be pleased to admit and allow
      this petition;

      (B) This Hon'ble Court be pleased to issue a writ, order
      or direction and permit petitioner to continue fishing
      lease activity as granted to the petitioner vide letter
      dated 20.1.2025 [Annexure C), and direct respondent to

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  C/SCA/14473/2025                                       JUDGMENT DATED: 02/04/2026




      forthwith consider the representation dated 19.09.2025
      [Annexure H- collectively]

      (BA) Quash and set aside order dated 20.06.2025 and
      30.10.2025.

      (BB) During the pendency of the present petition, stay
      the implementation of the order dated 20.06.2025 and
      30.10.2025 (Annexure I)

      (C) This Hon'ble Court be pleased to declare that the
      action of respondent in cancelling the fishing lease is not
      severing upon the petitioner is bad in law, and cannot be
      sustained in the eye of law.

      (D) Pending hearing of the present petition, this Hon'ble
      Court be pleased to permit the petitioner to continue
      with fishing activity as per lease dated 20.01.2025
      [Annexure C) till final disposal of the petition.

      (E) This Hon'ble Court be pleased to call original record.

      (F) Your Lordships be pleased to pass any other
      appropriate order, as deemed fit in the interest of
      justice."

3. It is the case of the petitioner that the petitioner is a
holder     of        a    valid   fishing     license.     Pursuant         to        an
advertisement dated 12.12.2024 published in Gujarat
Samachar, tenders were invited for granting fishing
leases of 135 Taluka ponds in Navsari District in
accordance               with   the   Government          Resolution          dated
15.07.2003. The petitioner participated in the tender
process for the pond situated at Endhal Village, Taluka
Gandevi, District Navsari, admeasuring approximately
7.55.75 sq. hectares, and being the highest bidder at Rs.
51,000/- per annum as against the upset price of Rs.


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  C/SCA/14473/2025                                JUDGMENT DATED: 02/04/2026




3,779/-, was granted the fishing lease vide order dated
20.01.2025 for a period of 10 years.

3.1 Pursuant to the grant of lease, the petitioner invested
approximately Rs. 24 lakhs towards development and
allied activities for fishing. However, to the shock of the
petitioner, the said lease came to be abruptly cancelled
by Respondent No.2 without issuing any notice or
affording any opportunity of hearing. It is further
pertinent to note that though hearings were conducted on
19.05.2025 and 02.06.2025 in connection with the
objections of the Gram Panchayat, no opportunity of
hearing      was     ever extended         to   the petitioner.           The
impugned action of cancellation, without notice, hearing,
or even communication of the order, is arbitrary, illegal,
and in gross violation of the principles of natural justice
and therefore, the petitioner has filed present petition.

4. Heard Mr. Swapneshwar Goutam, learned counsel for
the petitioner, Mr. Aditya Davda, learned AGP for
respondent No.1 and Ms. Sejal K. Mandavia, learned
counsel for respondent No.2.

5. Learned counsel for the petitioner submits that the
action of the respondent authorities in cancelling lease
granted vide order dated 20.01.2025 is absolutely illegal,
arbitrary and not sustainable in eye of law. He has
submitted that the petitioner had engaged so many


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  C/SCA/14473/2025                         JUDGMENT DATED: 02/04/2026




villagers and made huge investment around 24 Lakh
rupees and not done anything which is in deterrent to
continuation of tender terms and condition therefore, the
action of the respondent authority suffers from a gross
violation of the principles of natural justice, and such
action is not sustainable in law.

5.1 Learned counsel for the petitioner submits that
respondent authorities have twice extended opportunity
of hearing to the Sarpanch on 19.05.2025 and 02.06.2025
but no opportunity was ever extended to the petitioner
who was holding a valid license by the authorities. He has
submitted that thereafter on 20.06.2025 cancelled fishing
lease without serving the order to petitioner.

5.2 On the other hand, learned counsel / learned AGP for
the respondent authorities have opposed the petition and
submitted that the action of the respondent authorities is
in accordance with law and therefore, no interference is
required to be called for by this Court.

6. I have perused the relevant documents and material
available on record. I have also gone through the relevant
record of the petition.

7. It appears that the Gram Panchayat had raised
objections before respondent No.2 and, considering the
said objections, the authority has passed the impugned


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     C/SCA/14473/2025                                                                JUDGMENT DATED: 02/04/2026




order. However, it is evident that the said order has been
passed without affording a reasonable opportunity of
hearing to the petitioner. Therefore, this Court is of the
opinion that the impugned order passed by respondent
No.2 deserves to be quashed and set aside, and the
matter is remitted back to the concerned authority with a
direction to take an appropriate decision after giving
reasonable and proper opportunity to the petitioner.

8.        In view of the above, the impugned orders passed by
the respondent authorities are hereby quashed and set
aside and the matter is remitted back to the concerned
respondent authority for fresh consideration. It is open
for the petitioner to raise all contentions/submissions
available in law before the authority, and the same shall
be decided in accordance with law after providing due
opportunity of hearing. The authority shall pass a fresh
order preferably within a period of three months from the
date of receipt of a copy of this order.

9. With aforesaid clarification, present petition stands
disposed of accordingly. Rule is made absolute to the
aforesaid extent.

10. The Civil Application stands disposed of accordingly.


                                                                                             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 11:05:41



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