- (1.)Heard learned Advocate Mr. Jay N. Shah for the petitioner and learned AGP Ms. Nidhi Vyas for the respondent-State.
(2.)By way of this petition the petitioner has challenged the decision of the of the respondent in locking the online account of the present petitioner for issuance of the delivery challan.
(3.)It is submitted by learned Advocate Mr. Shah for the petitioner that the proviso to Rule 5(4) of the Gujarat Mineral (Prevention of Illegal Mining, Transportation and Storage), Rules, 2017 (for Short "Rules, 2017") contemplate power of the respondent-State to suspend the online account and whereas procedure of exercise of such power is also stated in the said proviso. According to the learned Advocate, the Government could suspend online account for issuance of transit permit by passing a reasoned order on account of any dues and penalties which have been levied by the Authorized Officer on the holder or trader and which are outstanding. According to the learned Advocate, while an order dtd. 7/7/2021 has been passed by the respondent No.2 herein imposing a penalty of Rs.2,05,47,648.00 upon the petitioner, but there is no reasoned order which is passed as per the requirement of proviso to Rule 5(4) of the Rules, 2017.