JUDGMENT

1. RULE returnable forthwith. Learned Assistant Government Pleader Mr. Vaibhav Sharma, waives service of notice 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. By way of present petition under Article 226 of the Constitution of India read with the provisions of the Mines and Minerals (Regulations and Development) Act, 1957 (hereinafter be referred to as “the Act”) and under the provisions of the Gujarat Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2017 (hereinafter be referred to as “the Rules”), petitioner has prayed 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 writ, order or direction, quashing and setting aside the action of respondents of seizing the vehicle at Anexure-A and release the JOHN DEERE TRACTOR having Registration No. GJ-13-CA-9438 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 JOHN DEERE TRACTOR having Registration No. GJ-13-CA-9438, 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;

(D) Pending admission and final disposal of this petition, Your Lordships may be pleased to release the vehicle being JOHN DEERE TRACTOR having Registration No. GJ-13-CA-9438, 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. Heard Mr. Jay N. Shah, learned counsel appearing on behalf of the petitioner and Mr. Vaibhav Sharma, learned Assistant Government Pleader, appearing on behalf of the respondents.

5. Learned counsel for the petitioner submits that the vehicle of the petitioner has been seized on 01.12.2025 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 JOHN DEERE TRACTOR having Registration No. GJ-13-CA-9438, pending the proceedings. Learned counsel in support of his contentions places reliance on the order passed by this Court in Letters Patent Appeal Nos. 717 of 2020, 882 of 2020 and Special Civil Application No. 9203 of 2020.

6. Mr. Sharma, learned Assistant Government Pleader, appearing for the respondents, upon instructions received from Mr.J.S. Vadher, Geologist, Surendranagar, submits that no complaint has been filed yet and that therefore, appropriate order may be passed in the present case.

7. In view of the aforesaid submissions, it is revealed that complaint has not been filed within the stipulated period of time under the Rules, 2017. Various orders have been passed by this Court, wherein it has been held that it would be obligatory on the part of the investigator to approach the Court of Sessions with a written complaint and produce the seized properties before the Court within the stipulated period under the Rules. In absence of such exercise, the purpose of seizure and the bank guarantee would stand frustrated. Resultantly, the property will have to be released in favour of the person from whom it was seized without insisting for the bank guarantee.

8. In view of the enunciation of law and in absence of any complaint filed, it would not be within the statutory authority of the respondent authority to