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2021 Supreme(Guj) 276

VIKRAM NATH, ASHUTOSH J.SHASTRI
MANSUKH ALIAS RAVJI GORASIYA – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates Appeared:
For the Appellant : MR MAULIK NANAVATI for MR JAY N SHAH & MS. NAMRATA J. SHAH, MS KRUTI M SHAH
For the Respondent:MR KAMAL B TRIVEDI, ADVOCATE GENERAL assisted by MS SHRUTI PATHAK, AGP

JUDGMENT :

VIKRAM NATH, J.

1. These two appeals raise similar questions of law and facts, as such, have been taken up together.

2. Letters Patent Appeal No.882 of 2020 has been filed assailing the correctness of the CAV order dated 14.10.2020 passed in Special Civil Application No.1628 of 2020 which is interim in nature whereby the writ petitioner-appellant was permitted to get the vehicle in question released after furnishing necessary continuing bank guarantee as shown in notice Form J and on fulfillment of other requirements.

3. Letters Patent Appeal No.717 of 2020 has been filed assailing the correctness of the interim order dated 11.09.2020 passed in Special Civil Application No.8809 of 2020 wherein again the learned Single Judge directed the Authorized Officer to release the vehicle after obtaining necessary continuing bank guarantee as shown in notice Form-J and on fulfillment of other requirements by the petitioner.

4. In both the writ petitions, the petitioners are vehicle owners whose vehicles have been seized under the provisions of Gujarat Mineral (Prevention of Illegal Mining, Transportation and Storage) Rules, 2017 (hereinafter referred to as “the 2017 Rules”).

5. In Specia

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