The court emphasized that administrative actions must comply with established procedural rules, directing the reopening of an ATR account locked contrary to Rule 5.

ORDER :

(ANIRUDDHA P. MAYEE, J.)

RULE. Learned Assistant Government Pleader for respondent Nos.1 and 2 and learned advocate Mr. Dipak R. Dave for respondent No.3 waive service of notice of Rule.

1. By the present Special Civil Application, the petitioner has prayed for the following reliefs:-

“6A. 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) YOUR LORDSHIP to direct the Respondent No.2 to reopen the online ATR account for issuance of Royalty Pass in respect of lease of building limestone situated at land Survey No.59/1 part-2 measuring 0.39.46 hectares in Madhavpur village, Taluka: Porbandar District Porbandar by quashing and setting aside of Impugned notice dated 27.06.2024 passed by the Respondent No.2.

B. Pending admission, hearing and final disposal of this petition, this Hon'ble Court may be pleased to direct the Respondent No.2 to immediately open the online virtual account of the Petitioner for issuance of Royalty Pass in respect of lease of building limestone situated at Survey No.59/1 part-2 measuring 0.39.46 hectares in Madhavpur village, Taluka: Porbandar District Porbandar.

C. Ex-parte ad interim relief in terms of prayer B above may kindly 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. It is submitted by the learned advocate for the petitioner that without following due procedure under Rule 5 of the Gujarat Mineral (Prevention of Illegal Mining Storage and Transportation) Rules, 2017 [“Rules of 2017” for short], the ATR account of the petitioner has been locked. She, therefore, submits that the respondents be directed to reopen the online ATR Account for issuance of Royalty Pass.

3. Per contra, Ms. Dharitri Pancholi, learned AGP appearing for the respondents submits that the impugned notice which has been issued is in accordance with the provisions of the prevalent Rules and if the petitioner has any grievance, he can avail alternative efficacious remedy available to him under Rule 18 of Rules of 2017. She, therefore, submits that the present Special Civil Application be dismissed and the petitioner be relegated to alternative remedy.

4. Heard learned advocates for the parties and perused the documents on record.

5. This Court is of the considered opinion that the impugned notice has been issued de hors the provisions of Rule 5 of the Rules of 2017 and therefore, since the same has been issued in contravention of the Rules of 2017, the respondent authorities are directed to unlock the online ATR account of the petitioner immediately. However, it shall be open to the respondent authorities to take steps in respect of the ATR account strictly in accordance with Rule 5 of the Rules of 2017. It is clarified that this petition has been entertained only with respect to issue of locking of the online ATR account.

6. In so far as the challenge to the impugned notice dated 27.06.2024 is concerned, the petitioner is directed to file its reply to the said notice and the respondents are directed to adjudicate the same on its own merits and in accordance with law.

7. It is made clear that this Court has not gone in the merits of the case nor any opinion is expressed thereon.

8. With the aforesaid observations, the present Special Civil Application stands disposed of. Rule is made absolute to the aforesaid. No order as to costs.

Direct service is permitted.