FAIJMAMD LALMAMAD NOTIYAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of the present petition, the petitioner herein has challenged the action of the concerned respondent authority of showing the status of the vehicle in the 'Vahan Portal' as blacklisted, owned by the petitioner bearing HGV Tipper Truck No. GJ-24-X-7788 (for short 'vehicle in question') and the action of the respondent authority in locking / closing down the online royalty account of the vehicle in question of the petitioner herein is without following due process of law.

(2.) Ms. Dhruti G. Pandya, learned advocate appearing for the petitioner herein submitted that the aforesaid exercise undertaken by the concerned respondent authorities was without following due process of law. The same is in gross violation of the principles of natural justice and the action of locking / closing down the online royalty account of the vehicle in question is in violation of Rule-5(4) of the Gujarat Minerals (Prevention and Illegal Mining, Transportation and Storage) Rules, 2017.

(3.) Mr. Ayaan Patel, learned Assistant Government Pleader appearing for the respondent-State, on instructions, submitted that no show cause notice under Rule-5(4) of the Gujarat Minerals (Prevention and Illegal Mining, Transportation and Storage) Rules, 2017 was issued by the department and on the basis of the letter / communication of Geology Department, vehicle in question was blacklisted by the Regional Transport Office.