Shree Chamunda Carting vs State Of Gujarat & Ors

Hemant M. Prachchhak, J

RULE returnable forthwith. Mr. Nikunj Kanara, learned Assistant Government Pleader waives serves of notice of Rule for and on behalf of the respondents.

With the consent of the learned counsels for the parties, the matter is taken up for final hearing and disposal.

By way of present petition under Article 226 & 227 of the Constitution of India read with the provisions of the Mines and Minerals (Development and Regulations) Act, 1957 (hereinafter be referred to as "the Act") and under the provisions of the Gujarat Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2017 (hereinafter be referred to as "the Rules"), petitioner has prayed for the following reliefs :

"A. YOUR LORDSHIPS may be pleased to admit and allow this petition.

B. YOUR LORDSHIPS may be pleased to issue appropriate writ, order or direction and thereby the respondent authority to release the dumper being TATA SIGNA 2830 TK BSV1 HD 16BOX bearing registration no. GJ-01-MT-1010 having chassis no. MAT567005S3C08369 forthwith; (Annexure-A)

C. Such other and further relief or relieves as may be deemed fit, just and proper, in the facts and circumstances of the case."

Heard Mr. D.N. Vora, learned counsel appearing on behalf of Mr. Satyam Chhaya, learned counsel for the petitioner and Mr. Nikunj Kanara, learned Assistant Government Pleader, appearing on behalf of the respondents.

Learned counsel Mr. Vora has submitted that the vehicle of the petitioner has been seized on 17.02.2026 by the respondent authorities and no complaint is preferred by the authorities before the Court below within the stipulated period. He has submitted that till date, no show cause notice has been issued by the competent authority. He has submitted that the dumper is in custody of the respondent No.2 and because of that, the business of the petitioner is being affected as it is a main source of income of the petitioner. He has submitted that since the complaint has not been filed as per provisions of the Gujarat Mineral (Prevention of Illegal Mining, Transportation and Storage) Rules, 2017, the petitioner is entitled to release of his vehicle, being TATA SIGNA 2830 TK BSV1 HD 16BOX bearing registration No.GJ-01-MT-1010 pending the proceedings. Learned counsel in support of his contentions places reliance on the order passed by the Coordinate Bench of this Court in Special Civil Application No. 9203 of 2020, wherein, the authorities were directed to release the vehicle on appropriate terms and conditions.

Learned AGP Mr. Kanara, appearing for the respondents, upon instructions received from Ms. Parnavi Prajapati, Geologist, Ahmedabad, has submitted that no FIR is registered against the present petitioner and therefore, appropriate orders mat be passed.

In view of the aforesaid submissions, it is revealed that no complaint has been filed within the stipulated period of time under the Rules, 2017. Various orders have been passed by this Court, wherein it has been held that it would be obligatory on the part of the investigator to approach the Court of Sessions with a written complaint and produce the seized properties before the Court within the stipulated period under the Rules. In absence of such exercise, the purpose of seizure and the bank guarantee would stand frustrated. Resultantly, the property will have to be released in favour of the person from whom it was seized without insisting for the bank guarantee.

In view of the enunciation of law and in absence of any complaint filed, it would not be within the authority of the respondent authority to continue seizure of the vehicle and therefore, the authority concerned is directed to forthwith release the vehicle of the petitioner. It is clarified that the present writ petition has been entertained only for the limited purpose of releasing the vehicle of the petitioner. It will be open to the petitioner to avail of the remedy available in law. It is also clarified that this order shall not preclude the officers to initiate any proceedings, in accordance with law.

It is made clear that this Court has not gone into the merits of the case and no observation is made thereon.

In view of the aforesaid observations, the present petition stands disposed of. Rule is made absolute accordingly. No order as to costs.

Direct Service is permitted.