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NEUTRAL CITATION

C/SCA/7166/2026 JUDGMENT DATED: 08/05/2026

0.06326480621215136

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/SPECIAL CIVIL APPLICATION NO. 7166 of 2026

FOR APPROVAL AND SIGNATURE:

HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK Sd/-

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Approved for Reporting Yes No

No

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SHIYAL DHIRABHAI MASHRUBHAI

Versus

STATE OF GUJARAT & ORS.

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Appearance:

MR. NIKHIL R OZA(9911) for the Petitioner(s) No. 1

MR ANGESH PANCHAL for the Respondent(s) No. 1,2,3,4

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CORAM:HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK

Date : 08/05/2026

ORAL JUDGMENT

1. Rule. Learned Assistant Government Pleader Mr.

Angesh Panchal waives serves of Rule on behalf of the

respondents.

2. With the consent of the learned advocates for the

parties, the matter is taken up for final hearing and

disposal.

3. Learned advocate for the petitioner submits that the

vehicle of the petitioner has been seized on 03^rd

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NEUTRAL CITATION

C/SCA/7166/2026 JUDGMENT DATED: 08/05/2026

0.06326480621215136

December, 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 Tractor bearing registration No.GJ-

13-CB-1084 pending the proceedings. Learned advocate

in support of his contentions places reliance on the order

passed by the Coordinate Bench of this Court dated 08th

August, 2024 in Special Civil Application No.8664 of

2024.

4. Learned Assistant Government Pleader appearing for

the respondents upon instructions received from Mr.J.S.

Vadher, Geologist, In-charge, Surendranagar, submits

that no complaint has been filed yet and that therefore,

appropriate order may be passed in the present case.

5. In view of the aforesaid submissions, it is revealed that

no 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

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NEUTRAL CITATION

C/SCA/7166/2026 JUDGMENT DATED: 08/05/2026

0.06326480621215136

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.

6. In view of the enunciation of law and in absence of any

complaint filed, it would not be within the authority of the

respondent authority to continue seizure of the vehicle

and therefore, the authority concerned is directed to

forthwith release the vehicle of the petitioner. It is

clarified that the present writ petition has been

entertained only for the limited purpose of releasing the

vehicle of the petitioner. It will be open to the petitioner

to avail of the remedy available in law. It is also clarified

that this order shall not preclude the officers to initiate

any proceedings, in accordance with law.

7. It is made clear that this Court has not gone into the

merits of the case and no observation is made thereon.

8. In view of the aforesaid observations, the present

Special Civil Application stands disposed of. Rule is made

absolute accordingly. No order as to costs. Direct Service

is permitted.

Sd/-

(HEMANT M. PRACHCHHAK,J)

SURESH SOLANKI

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