C/SCA/15553/2025 JUDGMENT DATED: 20/03/2026 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 15553 of 2025 FOR APPROVAL AND SIGNATURE: HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK ========================================== Approved for Reporting Yes No No ========================================== SHIV STONE CRUSHER Versus STATE OF GUJARAT & ORS. ========================================== Appearance: MR JAY N SHAH(10668) for the Petitioner(s) No. 1 MR NIKUNJ KANARA AGP for the Respondent(s) No. 1,2,3,4 ========================================== CORAM:HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK Date : 20/03/2026 ORAL JUDGMENT 1. Present petition is 3led 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 C/SCA/15553/2025 JUDGMENT DATED: 20/03/2026 the Section O%cer, 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 >rm 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 >nal 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 O%cer, Industrial and Mines Department. (E) Pending admission hearing and >nal 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 >nal disposal of this C/SCA/15553/2025 JUDGMENT DATED: 20/03/2026 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 3led challenging the impugned order dated 30.08.2025 passed by the Section O@cer, 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 Certi3cate 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 case of the petitioner was considered as “saved case” and Letter of Intent came to be issued on 08.06.2018. It is submitted that the District Collector, Bhavnagar vide order dated 30.07.2018 granted order of lease and lease deed came to be executed between the petitioner and respondents for a period of 20 years. It is further C/SCA/15553/2025 JUDGMENT DATED: 20/03/2026 submitted that as per Rule 12(3)(b), the State Government has to execute the lease deed for 30 years, however, the petitioner was granted lease only for 20 years and w.e.f. 30.07.2018, the petitioner started doing mining activities in accordance with law and as per the Rules and Regulations. It is submitted that the In-charge Geologist has issued a letter on 27.11.2024 stating that he was directed to submit re-proposal in pursuance of the letter dated 14.06.2023 wrote by Section O@cer in respect of the lease of the petitioner and the petitioner has replied to the said communication on 20.12.2024. It is also submitted that by way of communications, the Geologist has asked to ful3ll the requirement, for which the petitioner has given reply asking certain clari3cations and, thereafter, respondent No.4 issued notice on 11.09.2025 inter alia stating that the application for quarry lease has been rejected on 30.08.2025 and, therefore, why the ATR account should not be stopped. It is submitted that without following the provisions contained in Rule 5(4), the online ATR account was locked on 05.10.2025 and hence, the petitioner preferred the present petition wherein this Court on 20.11.2025 issued notice and on the same date, without giving any notice and opportunity of hearing, the Collector, Bhavnagar has terminated the quarry lease by exercising the power under Rule 43 of the Rules, 2017. It is submitted that the present petition deserves to be allowed. 5. Learned Assistant Government Pleader has submitted that he is unable to controvert the order passed by the Coordinate Bench of this Court and in similar set of fact, this Court has remanded the matter back and directed the respondents to hear afresh after giving an opportunity of hearing. Learned Assistant Government Pleader has submitted that the Court may pass appropriate order. C/SCA/15553/2025 JUDGMENT DATED: 20/03/2026 6. Having considered the averments made in the petition and submissions advanced by the learned counsel appearing for the respective parties and perused the orders passed by the Coordinate Bench of this Court, I am of the appears that the petition deserves to be allowed. Accordingly, the petition is allowed. The impugned orders passed by the respondents are hereby quashed and set aside and the matter is remanded back to the concerned authority. The respondent – authority is directed to hear and decide the matter afresh after giving an opportunity of hearing to the petitioner. The petitioner shall be at liberty to raise all contentions available under the law. The respondent – authority shall hear the petitioner, decide and adjudicate all the contentions raised by the petitioner by passing the reasoned order. Till then, the respondents are directed to open the ATR account of the petitioner forthwith. Rule is made absolute to the aforesaid extent. Direct service is permitted. (HEMANT M. PRACHCHHAK,J) V.R. PANCHAL Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: VIJAYKUMAR RAMESHBHAI PANCHAL(HC00171), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 23/03/2026 17:50:17