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2022 Supreme(Guj) 281

VAIBHAVI D.NANAVATI
Hirenkumar Bharatbhai Oad – Appellant
Versus
State of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. R.K. Mansuri
For the Respondent: Ms. Dharitri Pancholi, Assistant Government Pleader.

JUDGMENT/ORDER :

1. With the consent of the learned advocates appearing for the respective parties, the captioned writ petition is taken up for final hearing.

2. Issue Rule, returnable forthwith. Ms. Dharitri Pancholi, the learned Assistant Government Pleader waives service of notice of Rule on behalf of the respondent-State.

3. By way of this petition under Article-226 of the Constitution of India, the petitioner has prayed for the following relief:

    "(A)THIS HON'BLE COURT MAY BE PLEASE TO allow present petition by issuing appropriate writ, order or direction for quashing and setting aside the action of the respondent qua seizing the Truck No:GJ- 05-YY-9006, and thereby direct the respondent release the Truck forthwith, in the interest of justice.

(B) THIS HON'BLE COURT MAY BE PLEASED TO allow present petition by passing order and issuing appropriate directions to the Respondent for releasing the Truck No: GJ- 05-YY-9006 and thereby direct to the Respondent to drop the proceeding as no illegality is committed by the petitioner as per rule 12 of Gujarat Mineral (Prevention of Illegal Mining, Transportation and Storage) Rule, 2017, in the interest of justice.

(C) THIS HON'BLE COURT WOULD B

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