IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 13469 of 2024 With CIVIL APPLICATION (FOR AMENDMENT) NO. 1 of 2025 In R/SPECIAL CIVIL APPLICATION NO. 13469 of 2024 ================================================================

DEVDASBHAI PUNJABHAI MER & ANR.

Versus STATE OF GUJARAT & ANR.

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Appearance:

MS NAMRATA HARISHBHAI CHAUHAN(6534) for the Petitioner(s) No. 1,2 MR NIKUNJ KANARA, AGP for the Respondent(s) No. 1,2 ================================================================

CORAM:HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE Date : 19/02/2026

ORAL ORDER

ORDER IN CIVIL APPLICATION:-

Heard learned counsel for the applicants. Perused the averments. The present application is allowed. The amendment shall be carried out forthwith.

ORDER IN SPECIAL CIVIL APPLICATION:-

1. Heard learned advocate for the petitioners.

2. By the present writ petition, the petitioners are seeking a direction to quash and set aside the impugned order dated 13.12.2024, whereby the ATR account of the petitioners has been locked.

3. Learned advocate for the petitioners submits that show cause notice dated 09.07.2024 came to be issued to the petitioners by the Collector, Porbandar under Rule 22 read with Schedule 3(C) of the Gujarat Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2017. Thereafter two more notices came to be issued to the petitioners.

3.1 It is submitted by the learned advocate for the petitioners that thereafter by the impugned order dated 13.12.2024, the ATR of the petitioners has been locked. It is submitted that while passing the impugned order, the assessment of penalty has not been done. She submits that in view thereof, the impugned order which has been purportedly passed under Rule 5 (4) of the Gujarat Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2017, is bad in law, inasmuch as the impugned order is not in conformity with the said provisions. Learned advocate submits that the proviso to Section 5(4) of the Rules, 2017 provides for two eventualities (i) that there has to be an order passed by the authorized officer levying penalty upon the person whose ATR account has been suspended and (ii) such dues and penalty which are levied, are outstanding.

3.2 Learned Advocate further submits that in the present case while the ATR account of the petitioners has been locked, neither assessment of any penalty has been done nor any penalty have been levied. She therefore, submits that the impugned order is not sustainable in law.

4. Learned Assistant Government Pleader Mr.Nikunj Kanara appearing for the respondents authorities submitted that the petitioners have been duly heard before passing such an order. He submits that under Rule 5(4) of the Gujarat Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2017, it is found that the petitioners were indulging in illegal mining beyond the area of the lease. He submits that in view thereof, the impugned order has been passed closing the ATR account of the petitioners. He further submits that the issue of levying penalty on the petitioners are still pending adjudication. He therefore, submits that the impugned order is in accordance with the rules and the present writ petition be dismissed.

5. Considered the submissions and perused the documents on record.

6. Rule 5(4) of the Gujarat Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2017 reads thus :-

"5(4) The Authorized Officer shall issue a special security permit paper-sheet which shall be used by the holder of a mineral concession or a trader, to print the Transit Permit or the Delivery Challan, as the case may be. The special security permit paper-sheet shall be issued in such manner as may be specified by the Government. The Transit Permit or Delivery Challan shall be in triplicate and machine numbered with the book number and serial number thereof.

[Provided that Gov