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HIGH COURT OF GUJARAT
MR. JUSTICE ANIRUDDHA P. MAYEE, J
NARENDRABHAI @ NARANDRASING BALDEVSINH RATHOD – Appellant
Versus
STATE OF GUJARAT – Respondent
ORDER :
1. RULE. Learned Assistant Government Pleader waives serves of Rule for and on behalf of the respondents.
2. With the consent of the learned counsels for the parties, the matter is taken up for final hearing and disposal.
3. Learned counsel for the petitioner submits that the vehicle of the petitioner has been seized on 17.5.2024 by the respondent authorities and till date, no complaint has been filed by the respondents. Learned counsel submits 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 Excavator Machine R215L Smart Plus Hyundai Excavator having registration Engine No.12H84952925 MSN:HYNDN635HE0004386, pending the proceedings. Learned counsel in support of his contentions places reliance on the order passed by the Coordinate Bench of this Court dated 8.8.2024 in Special Civil Application No.8664 of 2024.
4. Learned Assistant Government Pleader appearing for the respondents upon instructions received from Mr. Abhijit Dubey, Law Officer, submits that no complaint has been filed yet and that therefore, appropr
Seizure of a vehicle without filing a complaint as mandated by the Gujarat Mineral Rules is unauthorized, necessitating its release.
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