Bavarava Bhaveshkumar Sureshbhai vs State Of Gujarat
2026 Latest Caselaw 430 Guj

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

                                                                                                          undefined




                                     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                                       R/SPECIAL CIVIL APPLICATION NO. 1622 of 2026

                       ==========================================================
                                           BAVARAVA BHAVESHKUMAR SURESHBHAI
                                                         Versus
                                                STATE OF GUJARAT & ORS.
                       ==========================================================
                       Appearance:
                       DARSHAN M VARANDANI(7357) for the Petitioner(s) No. 1
                       MR NIKUNJ KANARA, AGP for the Respondent(s) No. 1,2,3,4
                       ==========================================================

                          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

undefined

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

undefined

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/