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HIGH COURT OF GUJARAT
MR. JUSTICE ANIRUDDHA P. MAYEE, J
RAVECHI MARKETING THROUGH PROP PRIYA RAMESH MAKWANA – Appellant
Versus
STATE OF GUJARAT – Respondent
| Table of Content |
|---|
| 1. petitioner claims vehicle seizure (Para 4) |
| 2. petitioner's argument on fir (Para 5) |
| 3. respondent's complaint filing (Para 6 , 7 , 8) |
| 4. discussion on rule 12 (Para 9 , 10) |
| 5. court's ruling on fir (Para 11 , 12 , 13 , 14) |
| 6. order to release vehicle (Para 15) |
ORDER :
1. RULE. Mr. Bharat Vyas, learned AGP waives service of notice of Rule for the respondent-State.
2. By way of present petition under Article 226 of the Constitution of India, the petitioner herein prays 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 action of respondents of seizing the vehicle at ANNEXURE-B and release the EXCAVATOR MODEL NO-ZX 220M, IDENTIFICATION NO-THEDCOLOA00001767, of the ownership of the petitioner which is seized by the respondents and at present the case is pending with the respondent, on such terms and conditions as this Hon'ble Court may deem think fit.
(c) This Hon'ble Court may be pleased to issue appropriate writ, order or direction for releasing the EXCAVATOR MODEL NO-ZX 220M, IDENTIFICATION NO-THEDCOLOA0000176
Seizure of property without filing an FIR within the stipulated time is illegal; complaints under the Gujarat Mineral Rules must be filed in the Sessions Court.
Seizure of property without filing an F.I.R. as required by law is illegal, and complaints regarding such seizures must be filed before the Sessions Court.
Point of Law - The deponent of the affidavit appears to have turned a blind eye on Rule 12 when he contends that application for compounding has been dispensed with by the amended rules inasmuch as; ....
respondent authorities have failed to justify the reason for seizure of the truck in question. When the respondent authorities have failed to follow the procedure prescribed under the Rules of 2017, ....
All Courts including the High Courts and the Supreme Court have to follow a principle of Comity of Courts. A Bench whether coordinate or Larger, has to refrain from making any uncharitable observatio....
Seizure of a vehicle without filing a complaint as mandated by the Gujarat Mineral Rules is unauthorized, necessitating its release.
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