IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 6525 of 2025 ================================================================

NONSINGHBHAI DALIYABHAI RATHVA Versus THE STATE OF GUJARAT & ANR.

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Appearance:

MS NAMRATA HARISHBHAI CHAUHAN(6534) for the Petitioner(s) No. 1 MR MAYANK CHAVDA, AGP for the Respondent(s) No. 1,2 ================================================================

CORAM:HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE Date : 06/02/2026

ORAL ORDER

1. Heard learned counsel for the petitioner.

2. Rule. Learned AGP waives service of notice of rule on behalf of the respondent-State.

3. By the present writ petition, the petitioner is praying for the following reliefs:-

“7 (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 Truck bearing registered no. GJ-39-N-0422, bearing Challises No. MBNABAEGKPJL07734vehicle 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. (Annexure - A)

(c) This Hon'ble Court may be pleased to quash and set aside show cause notice dated 28.02.2025issued to present petitioner by seizing the Truck bearing registered no. GJ-34-N-0422, bearing Challises No. MBNABAEGKPJL07734 vehicleof the ownership of the petitioner which is seized by the respondents. (Annexure-B)

(d) Pending admission and final disposal of this petition, your lordships may be pleased to release the vehicle on appropriate terms and conditions that may be deem fit and proper to this Hon'ble court.

(e) Grant such other and further relief as thought fit in the interest of justice.”

4. Learned counsel appearing for the petitioner submits that no complaint has been filed within a period of 45 days as stipulated under Rule 12(2)(b)(ii) of the Gujarat Mineral (Prevention of Illegal Mining, Transportation and Storage) Rules, 2017. She submits that in view thereof and in view of the judgment of the Coordinate Bench of this Court in the order dated 26.08.2020 passed in Special Civil Application No.9203 of 2020 in the case of Nathubhai Jinabhai Gamara vs. State of Gujarat the prayers prayed for in the present writ petition be granted.

5. Learned AGP Mr.Mayank Chavda appearing on behalf of the respondents submits that the petitioner herein had filed an affidavit before the respondent no.2 on 43^rd day stating that as there is breach of rules and in view of the show cause notice dated 28.02.2025, he is willing to settle the case. He submits that in view thereof, no FIR was filed within 45 days granting time to the petitioner to comply with his affidavit in view of the show cause notice dated 28.02.2025. He submits that since the petitioner has defaulted on his undertaking given to the respondent no.2, the vehicle of the petitioner cannot be released.

6. Heard learned counsel for the parties. Considered the submissions and perused the documents.

7. In the present case, admittedly no FIR has been filed against the petitioner till date and also, no further proceedings have been initiated by the authorities pursuant to the show cause notice dated 28.02.2025 despite there being a default on the part of the petitioner and adjudication of the show cause notice is also pending.

8. The Coordinate Bench of this Court while dealing with the similar issue vide order dated 26.08.2020 in Special Civil Application No.9203 of 2020 has held as follows:-

“5. For convenience, the relevant rules as reproduced in the affidavit of the deponent are reproduced hereunder in juxtaposition:

6. Salient features of the Rules can be summarized thus:

(1) Seizure of the offending property as a security against the amount of penalty if any as may be determined as also to ensure the presence of the alleged offender before the government at notice stag