Gujarat High Court Directs Authorities to Decide License Renewal Application for Water Park Within Two Weeks. Writ of Mandamus Issued for Consideration of Renewal Application Under Articles 14, 19, and 226 of the Constitution of India.

High Court: Gujarat High Court
  • 100
Judgement Image
Font size:
Print

Case Note & Summary

The petitioner, Gujarat Amusement and Funworld Pvt. Ltd., filed a Special Civil Application under Articles 14, 19, and 226 of the Constitution of India seeking a writ of mandamus directing the respondent authorities (State of Gujarat and others) to decide and grant its applications dated 10.01.2025 and 19.01.2026 for renewal of license for operation of its water park. The petitioner was incorporated on 21.12.1993 under the Companies Act, 1956, originally as Baroda Funworld Limited, later renamed on 25.03.1994. It established an amusement park at Village Rayan Talavadi, Taluka Waghodia, District Vadodara after obtaining 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. In 2010, the petitioner developed a Water Park at the same premises after obtaining approval from the Gram Panchayat, and the Additional District Magistrate granted a licence for its operation on 25.04.2012. The petitioner applied for renewal of the license on 10.01.2025 and again on 19.01.2026, but the authorities did not decide the applications. The court noted that the petitioner had been operating the water park for many years and the authorities had not raised any objections. The court directed the respondent authorities to decide the renewal application within two weeks from the date of receipt of the order, after giving an opportunity of hearing to the petitioner, and to pass a speaking order. The petition was disposed of accordingly.

Headnote

A) Constitutional Law - Writ of Mandamus - License Renewal - Articles 14, 19, 226 of the Constitution of India, 1950 - The petitioner sought a direction to the respondent authorities to decide and grant its application for renewal of license for operation of a water park. The court held that the authorities must decide the application within a reasonable time and directed them to do so within two weeks from the date of receipt of the order, after giving an opportunity of hearing to the petitioner. (Paras 1-4)

Subscribe to unlock Headnote Subscribe Now

Issue of Consideration

Whether the respondent authorities are obligated to decide the petitioner's application for renewal of license for operation of a water park within a reasonable time.

Subscribe to unlock Issue of Consideration Subscribe Now

Final Decision

The court directed the respondent authorities to decide the petitioner's renewal application within two weeks from the date of receipt of the order, after giving an opportunity of hearing to the petitioner, and to pass a speaking order. The petition was disposed of accordingly.

Law Points

  • Mandamus
  • License Renewal
  • Reasonable Time
  • Article 226
  • Article 14
  • Article 19
Subscribe to unlock Law Points Subscribe Now

Case Details

2026 LawText (GUJ) (03) 997

R/SPECIAL CIVIL APPLICATION NO. 2821 of 2026

2026-03-12

Hemant M. Prachchhak

2026:GUJHC:18465

Mr. Rahul R. Dholakia for Petitioner, Ms. Nirali Sharda AGP for Respondents

Gujarat Amusement and Funworld Pvt. Ltd.

State of Gujarat & Ors.

Subscribe to unlock Case Details (Citation, Judge, Date & more) Subscribe Now

Nature of Litigation

Writ petition seeking direction to decide license renewal application

Remedy Sought

Writ of mandamus directing respondent authorities to decide and grant the petitioner's applications for renewal of license for operation of its water park

Filing Reason

Failure of respondent authorities to decide the petitioner's renewal applications dated 10.01.2025 and 19.01.2026

Issues

Whether the respondent authorities are obligated to decide the petitioner's application for renewal of license for operation of a water park within a reasonable time.

Submissions/Arguments

Petitioner argued that it has been operating the water park for many years and the authorities have not decided the renewal applications despite repeated requests.

Ratio Decidendi

The authorities must decide license renewal applications within a reasonable time, and a writ of mandamus can be issued to compel them to do so.

Judgment Excerpts

Present petition is filed by the petitioner under Articles 14, 19 and 226 of the Constitution of India, 1950 seeking following relief/s:- 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 year 2010, the Petitioner developed a Water Park at the said premises after obtaining approval from the Gram Panchayat. The respondent authorities are directed to decide the renewal application within two weeks from the date of receipt of this order.

Procedural History

The petitioner filed Special Civil Application No. 2821 of 2026 before the High Court of Gujarat at Ahmedabad on an unspecified date. The court issued rule and heard the matter on 12/03/2026.

Acts & Sections

  • Constitution of India, 1950: Articles 14, 19, 226
  • Companies Act, 1956:
Subscribe to unlock full Legal Analysis Subscribe Now
Related Judgement
High Court Bombay High Court Allows Appointment of Arbitrator in Contract Dispute Between Contractor and Indian Airlines. Failure of Named Arbitrator to Act Entitles Applicant to Court-Appointed Arbitrator Under Section 11(6) of the Arbitration and Conciliation...
Related Judgement
High Court Bombay High Court Quashes Condonation of 50-Year Delay in Land Revenue Appeal — Unreasonable Delay Not Explained. Superintendent of Land Records lacked jurisdiction to condone inordinate delay under Section 247 of Maharashtra Land Revenue Code, 196...