ORAL JUDGMENT

1. Present petition is filed by the petitioner under Article 226 of the Constitution of India and under the provisions of Mines and Mineral (Development and Regulation) Act, 1957 and under the provisions of the Gujarat Minor Mineral Concession Rules, 2017 and under the Gujarat Mineral (Prevention of Illegal Mining, Storage and Transportation) Rules, 2017 seeking following reliefs:-

(A) Your Lordships may be pleased to issue an appropriate writ, order or direction, for quashing and setting aside the order dated 30.08.2025 passed by the Section OfÏcer, Industrial and Mines Department.

(B) Your Lordships may be pleased to issue an appropriate writ, order or direction of quashing and setting aside the action of the respondents of closing down the online ATR account of the petitioner having QL No. 0401005515 in respect of lease of black trap situated at survey no. 216/1/2/2 Paiki 1 and 216/2/2 Paiki 2 (private) admeasuring Hector 05-38-22 square meters at Village Sodvadara, Taluka District: Bhavnagar and further be pleased to direct the said respondents to open the said ATR account and permit the petitioner to do the mining activities and to issue royalty passes for doing the mining activities over the said lease.

(C) Your Lordships may be pleased to issue an appropriate writ, order or direction to the respondent authorities to consider that the case of the petitioner does not fall in the eligible criteria attached to Schedule – II Rule 4(1) of the Gujarat Minor Mineral Concession Rules 2017 and the petitioner is entitled to run the said quarry lease in the name of partnership firm as per the quarry lease executed on 30.08.2018.

(CC) Your Lordships may be pleased to issue an appropriate writ, order or direction quashing and setting aside the order dated 20.11.2025 passed by the Collector, Bhavnagar.

(D) Pending admission hearing and final disposal of this petition, Your Lordships may be pleased to stay operation execution and implementation of the impugned order dated 30.08.2025 passed by the Section OfÏcer, Industrial and Mines Department.

(E) Pending admission hearing and final disposal of this petition, Your Lordships may be pleased to direct the respondents to open the online ATR account of the petitioner and permit him to do the mining activities over the lease of black trap situated at at survey no. 216/1/2/2 Paiki 1 and 216/2/2 Paiki 2 (private) admeasuring Hector 05-38-22 square meters at Village Sodvadara, Taluka District: Bhavnagar.

(EE) Pending admission, hearing and final disposal of this petition, Your Lordships may be pleased to stay operation, execution and implementation of the order dated 20.11.2025 passed by the Collector, Bhavnagar.

2. It is the contention on the part of the petitioner that present petition is filed challenging the impugned order dated 30.08.2025 passed by the Section OfÏcer, Industrial and Mines Department whereby it has been stated that the application of quarry lease was rejected and challenging the illegal action of closing down the online ATR account of lease of black trap situated at survey no. 216/1/2/2 Paiki 1 and 216/2/2 Paiki 2 (private) admeasuring Hector 05-38-22 square meters at Village Sodvadara, Taluka District: Bhavnagar on 05.10.2025, without giving any opportunity of hearing, without passing any order and without following the provisions of Rule 5(4) of the Gujarat Mineral (Prevention of Illegal Mining, Storage and Transportation) Rules, 2017.

3. Heard learned counsel for the petitioner and learned Assistant Government Pleader for the respondents.

4. Learned counsel for the petitioner has submitted the same facts which are narrated in the memo of petition and also submitted that the petitioner applied for grant of quarry and the petitioner was holding Environmental Clearance Certificate dated 29.12.2016 and non-agriculture permission dated 09.09.2025 prior to coming into force of the Gujarat Minor Mineral Concession Rules 2017 and the