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HIGH COURT OF GUJARAT
ANIRUDDHA P. MAYEE
Shreenathji Enterprise Through Its Partner Lakhanshi Parbatbhai Odedara – Appellant
Versus
State of Gujarat – Respondent
ORDER :
1. RULE. Mr. Mayank Chavda, 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 releasing the J.C.B. excavator JS215, bearing Challises No.PUNJD21BJK2918188 machines 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 quash and set aside seizure memo dated 06.01.2025 and show cause notice dated 30.01.2025 issued to present petitioner by seizing the J.C.B. excavator JS215, bearing Challises No.PUNJD21BJK2918188 machines of the ownership of the petitioner which is seized by the respondents.
(d) Pending admission and final disposal of this petition, your lordships may be pleased to release the machines and generators on appropriate terms and conditions that may be deem fit and proper to this H
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.
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 a vehicle without filing a complaint as mandated by the Gujarat Mineral Rules is unauthorized, necessitating its release.
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; ....
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