JUDGMENT :

1. Rule. Learned Assistant Government Pleader, Mr. Soaham Joshi waives service of notice of rule on behalf of the respondent.

2. Having regard to the controversy in narrow compass, with consent of learned advocates of both the sides, the matter is taken up for final hearing today.

3. The petitioner has prayed for the following reliefs:

“(a) This Hon’ble Court may be pleased to admit and allow this petition;

(b) This Hon’ble Court may be pleased to issue appropriate writ, order or direction for quashing and setting aside the seizure of the vehicle and issuance of notice dated 23.09.2019 issued by the respondent no.2 authority in respect of the Dumper/Tipper No. GJ-05-AV- 8879.

(c) This Hon’ble Court may be pleased to issue appropriate writ, order or direction to the respondent no.2 to immediately release the vehicle i.e. Dumper/Tipper No. GJ-05-AV-8879 of the petitioner;

(d) Pending admission final hearing and disposal of this petition, direct the respondent no.2 to release the vehicle i.e. Dumper/Tipper No. GJ-05-AV-8879 of the petitioner upon such terms and conditions as this Hon’ble Court may deem fit;

(e) Grant such other and further relief as thought fit in the interest of justice.”

4. It is the case of the petitioner that the vehicle Dumper No. GJ-05-AV-8879, which is of the ownership of the petitioner, was seized by the respondent no.2 on 21.09.2019. The said vehicle was carrying 42.49 metric ton of black trap and at the time of seizure of the vehicle, respondent did not issue any seizure memo.

5. It appears that thereafter, on 23.09.2019, respondent no.2 issued notice stating that on investigation, driver of the seized vehicle produced royalty pass in which number of tyres of the said vehicle were shown more than the actual number of tyres at the time of seizure. Therefore, notice was issued for illegal transportation and breach of rules of Gujarat Mineral (Prevention of illegal Mining, Storage and Transportation) Rules, 2017 (hereinafter referred to as 'the Rules').

6. It was further stated in the notice that custody of the vehicle is given to the Collector Office, Navsari and the petitioner is liable to pay Rs.2,12,450/- for illegal transportation of 42.49 metric ton of black trap and Rs.1,00,000/- for compounding fees and Rs.3977/- for environment compensation fund.

7. In response to the notice issued by this Court, respondent No.2 has filed affidavit-in-reply, wherein it is stated that after the issuance of show cause notice, the petitioner did not come forward for payment of penalty and compounding fees and has approached this Court. It was further stated that the respondent authority has passed an order dated 07.10.2019 to pay the amount of Rs.3,16,427/-, to be paid by the petitioner towards penalty, compounding fee and environment compensation fund.

8. The respondent no.2 has thereafter, passed revised order dated 20.11.2019 to pay the amount of Rs.2,16,427/-, to be paid by the petitioner towards penalty and environment compensation fund, which is produced along with the affidavit-in-reply.

9. The petitioner has tendered affidavit-in-rejoinder stating that there is no evasion of any royalty amount and therefore, it can not be said that there is any offence committed under the provisions of the Rules.

10. It was submitted that as per the notice dated 23.09.2019, it is stated that there is discrepancy in the number of tyres in royalty pass and RC book, which would not result in any punishable offence under the Rules. It was further submitted that the orders dated 07.10.2019 and 20.11.2019 are also required to be quashed and set aside on the ground that the same are without jurisdiction as the petitioner can not be compelled to compound offence.

11. Heard learned advocate Ms. Kruti M. Shah for the petitioner and learned Assistant Government Pleader, Mr. Soaham Joshi for the respondent no.2.

12. Learned advocate for the petitioner submitted that the petitioner has paid royalty as per the royalty pass and therefore, there i