VAGHERA DEVJIBHAI NATHABHAIversusSTATE OF GUJARAT

     C/SCA/4753/2024                              JUDGMENT DATED: 01/05/2026




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

               R/SPECIAL CIVIL APPLICATION NO. 4753 of 2024


FOR APPROVAL AND SIGNATURE:


HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK
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            Approved for Reporting               Yes          No

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                       VAGHERA DEVJIBHAI NATHABHAI
                                  Versus
                         STATE OF GUJARAT & ORS.
==========================================================
Appearance:
ANAND R PATEL(7352) for the Petitioner(s) No. 1
MS DIXA PANDYA AGP for the Respondent(s) No. 1
NOTICE SERVED BY DS for the Respondent(s) No. 2,3
==========================================================

 CORAM:HONOURABLE MR. JUSTICE HEMANT M.
       PRACHCHHAK

                             Date : 01/05/2026

                                JUDGMENT


1.      RULE returnable forthwith. Ms. Dixa Pandya, learned AGP
waives service of Rule on behalf of the respondent no.1.


2.      With the consent of both the parties, the matter is taken up
for final hearing today.


3.      Present petition is filed by the petitioner under Article 226
of the Constitution of India read with the provisions of Mines and
Minerals (Development and Regulation) Act, 1957 and Gujarat
Minor Mineral Concession Rules, 2010/2017 seeking following
reliefs:


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        “(A) to quash and set aside the impugned communication dated
        25.01.2024 (Annexure-1) issued by the Respondent No.3-
        Geologist and consequently direct the Respondent authorities
        on unlock the ATR/e-royalty account of the Petitioner with
        respect to quarry lease (QL 0108041914) admeasuring 4-90-00
        Hectare, situated at Und River, Village Majoth, Taluka Dhrol,
        District Jamnagar;

        (B) to stay, pending the hearing and final disposal of the
        present Special Civil Application, the impugned communication
        dated 25.01.2024 (Annexure-1) issued by the Respondent No.3-
        Geologist;

        (C) to direct the Respondents, pending the hearing and final
        disposal of the present Special Civil Application, to unlock the
        ATR / e-royalty account of the Petitioner with respect to quarry
        lease (QL 0108041914) admeasuring 4-90-00 Hectare, situated
        at Und River, Village Majoth, Taluka Dhrol, District Jamnagar,

        (D) to provide for the costs of the present Special Civil
        Application;

        (E) to pass such other and further orders as this Hon'ble Court
        deems fit and proper in the facts and circumstances of the
        present case.”


4.      Brief facts giving rise to the present petition are that, a
Mining order dated 04.05.2017 was issued to the Petitioner
granting quarry lease (QL 0108041914) for mining ordinary sand
(a minor mineral) in respect of an area admeasuring 4-90-00
Hectare, situated at Und River, Village Majoth, Taluka Dhrol,
District Jamnagar for a period of 3 years. That, Mining lease
dated 09.06.2017 came to be executed in favour of the
Petitioner. That, in view of notification dated 09.03.2018 issued
by the Industries and Mines Department, Government of Gujarat,
Respondent No.3-Geologist issued a Circular requesting the



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leaseholders to apply online for extension of their respective
quarry lease. That, petitioner made an online application for
extension of the quarry lease. That, the Industries and Mines
Department, Government of Gujarat issued another notification
dated 30.03.2022 further amending the Rule 12 of 2017
Concession Rules, and accordingly, the quarry lease of the
Petitioner stood extended upto 31.03.2025. That, the petitioner
received a Show cause notice issued by the Respondent No.3-
Geologist to show cause for the delay in getting the lease deed
dated 09.06.2017 registered. That, the ATR/e-royalty account of
the Petitioner was closed without any intimation and/or hearing.
That,         Respondent    No.3-Geologist     issued         impugned
communication dated 25.01.2024 informing the petitioner that
the lease of the Petitioner has already expired on 08.06.2022
and directed the Petitioner to return the special security papers /
royalty pass to the Respondent No.3-Geologist. Being aggrieved
by the same, the petitioner has preferred the petition.


5.      Heard Mr. Anand Patel, learned counsel for the petitioner
and Ms. Dixa Pandya, learned AGP for the respondent no.1.


6.       Mr. Patel, learned counsel for the petitioner has submitted
the same facts which are narrated in the memo of petition and
has further submitted that the action of the respondent
authorities to close the online ATR/e-royalty account of the
petitioner is in violation of the procedure required to be followed
under Rule 5(4) of the Gujarat Mineral (Prevention of Illegal
Mining, Transportation and Storage) Rules, 2017 and hence, the
impugned communication is required to be quashed and set
aside and the petition is required to be allowed.

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   7.       Ms. Pandya, learned AGP has opposed the present petition
   and submitted that there is no any infirmity or any illegality in
   the impugned communication issued by respondent no.3 and
   therefore, no interference is required to be called for in the
   present petition and that the present petition is required to be
   dismissed.


   8.       I have heard the learned counsel for the respective parties
   and perused the materials available on record. I have also
   considered the impugned communication issued by respondent
   no. 3-Geologist. It appears that during the pendency of the
   present petition, the Co-ordinate Bench of this Court has decided
   an identical issue in Special Civil Application No. 10012 of 2024
   dated 08.08.2024 and the relevant findings have been recorded
   in paragraphs 5 and 6 of the said judgment more particularly,
   paragraph 25 of paragraph 5 while quoting the Rules of 2017.


   8.1      Considering the facts and circumstances of the case and in
   view of the aforesaid decision of this Court in Special Civil
   Application No. 10012 of 2024, no ground is available to the
   petitioner to challenge the impugned action of the respondent.
   In view of the aforesaid facts, this Court is of the opinion that no
   case is made out to be entertained in the present petition and
   hence, the petition deserves to be dismissed.


   9.       In the result, the petition is hereby dismissed. Rule is
   discharged. No order as to costs.

                                                                 (HEMANT M. PRACHCHHAK,J)
   ANUSRI

Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: ANUSRI VASU(HC02352), ENGLISH STENO GRADE-II\, at High Court of Gujarat on 08/05/2026 18:02:05
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