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Gujarat High Court
Bavarava Bhaveshkumar Sureshbhai vs State Of Gujarat on 9 February, 2026
NEUTRAL CITATION
C/SCA/1622/2026 ORDER DATED: 09/02/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 1622 of 2026
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BAVARAVA BHAVESHKUMAR SURESHBHAI
Versus
STATE OF GUJARAT & ORS.
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Appearance:
DARSHAN M VARANDANI(7357) for the Petitioner(s) No. 1
MR NIKUNJ KANARA, AGP for the Respondent(s) No. 1,2,3,4
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CORAM:HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE
Date : 09/02/2026
ORAL ORDER
1. By the present writ petition, the petitioner is praying to
direct the concerned respondent authorities to immediately
open the Online Royalty Account/ATR account of the
petitioner in respect of the lease in Survey No. Nadi paiki,
Village- Zikiyari, Taluka & District - Morbi admeasuring
1.37.00 ha bearing QL3301007914.
2. Learned counsel for the petitioner submits that no
procedure has been followed and without giving any hearing
to the petitioner, the respondent authorities have
locked/closed down the ATR account of the petitioner. He
submits that the action of the respondent authorities is also
in violation of the circular dated 09.12.2025 issued by the
Commissioner of Geology and Mining.
NEUTRAL CITATION
C/SCA/1622/2026 ORDER DATED: 09/02/2026
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3. Learned AGP Mr. Nikunj Kanara appearing for the
respondent authorities, upon instructions of Mr. J.S. Vadher,
Geologist at Morbi, submits that no notice was issued nor
any hearing was given prior to closing down the ATR account
and therefore, appropriate instructions may be passed.
4. Heard learned counsel appearing for the parties and
perused the documents on record.
5. In the facts and circumstances of the present case, it is
clear that the ATR account of the petitioner has been locked
without following any due process of law and without giving
any effective hearing to the petitioner. The action of the
respondent authorities is in contravention of Rule 5(4) of the
Gujarat Minerals (Prevention of Illegal Mining,
Transportation and Storage) Rules, 2017 (for short "the
Rules, 2017")
6. In view thereof, respondents are directed to restore
the ATR account of the petitioner forthwith. It is clarified
that the respondent authorities shall be at liberty to initiate
appropriate proceedings in accordance with law in respect of
any violation of the mining lease by the petitioner after
issuing appropriate show cause notice and following the due
process of law and after giving due hearing to the petitioner
NEUTRAL CITATION
C/SCA/1622/2026 ORDER DATED: 09/02/2026
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in terms of the provisions of Rule 5(4) of the Rules, 2017.
7. It is made clear that this Court has not gone into the
merits of the case and no opinion is expressed thereon.
8. With the aforesaid observation and direction, the
present petition stands disposed of. No order as to costs.
Direct service is permitted.
(ANIRUDDHA P. MAYEE, J.)
SALIM/
