Locking an online ATR account without notice or order violates the principles of natural justice and the relevant provisions of the Gujarat Mineral Rules.

ORDER :

1. This petition is filed under Articles 226 and 227 of the Constitution of India in which the petitioner has prayed for the following relief/s :

“A. This Hon'ble Court be pleased to issue a writ of or in the nature of certiorari or mandamus or any other appropriate writ, order or direction:

(i) To direct the respondent No.3 to reopen the online ATR account having bearing number QL1404030514 for issuance of Royalty Pass in respect of lease of ordinary sand situated at Survey No.356, 365, Panam River Mauje: Boriyavi, Taluka : Sehra, District: Panchmahal;

(ii) Quashing and setting aside of impugned notice dated 28.09.2020 issued by the Respondent No.3 at Annexure A:

B. Pending admission, hearing and final disposal of this petition, this Hon'ble Court may be pleased to direct the respondent No.3 to immediately open the online virtual account bearing number QL1404030514 for issuance of Royalty Pass in respect of lease of ordinary sand situated at Survey No.356, 365, Panam River Mauje: Boriyavi, Taluka : Sehra, District: Panchmahal

C. Ex parte ad interim relief in terms of prayer B above may be granted.

D. Such other and/or further reliefs as this Hon'ble Court may deem fit and proper in the facts and circumstances of the present case.”

2. Heard learned advocate Mr. Jay N. Shah for the petitioner and learned Assistant Government Pleader Mr. Ishan Joshi for the respondents.

3. The brief facts leading to filing of the present petition are as under :

3.1. It is the case of the petitioner that he is engaged in the business of storage and selling of ordinary sand pursuant to grant of lease registration vide registration order bearing number AGG/QL/1876/895 dated 16.02.2012 passed by the respondent No.2. The Royalty Passes were issued to the petitioner as per the procedure and the Rules prescribed by the respondents. It is stated that all the transactions of the petitioner are generated subject to the approval of the authorities through online All time Royalty Passes (ATR) account of the petitioner bearing No.QL1404030514, wherein, the net quantity of the stock is always maintained and royalty is also levied on every transaction only after monitoring the available stock and quantity and after duly verifying the veracity of such transactions.

3.2. It is the grievance of the petitioner that on 07.07.2018, the respondent No.3, suddenly, has locked the online ATR account of the petitioner without issuance of any notice and without passing any order. The petitioner, therefore, requested to supply necessary information under the Right to Information Act. Certain information were provided to the petitioner. On the basis of the same, petitioner came to know that one Thakor Sandeepkumar Anupsinh made a representation on 01.05.2018 and alleged about illegal mining of sand in the leased area of the petitioner. On the basis of the said compliant, respondent No.3 prepared a Panchnama after conducting the inspection at the place in question. However, thereafter, without issuance of notice and without passing any order, the impugned action has been taken by the respondent nos.2 and 3. Petitioner, therefore, made a representation to the respondents and requested to open online ATR account of the petitioner. However, no steps were taken by the respondents for opening of the said account.

3.3. At this stage, it is also stated that now the impugned show cause notice has been issued by the concerned respondent on 28.09.2020, wherein it is stated that every month petitioner is required to pay 10% of royalty in District Mineral Foundation (DMF) within stipulated time and therefore petitioner is required to pay the total outstanding amount Rs.1,20,281/-. It is also stated in the said notice that if the petitioner fails to pay the aforesaid amount within a period of three days from the date of receipt of the said notice, the online ATR account of the petitioner will be locked. The petitioner has, therefore, filed the present petition.

4. Learned advocate Mr. Shah ap