Gujarat High Court
Nathabhai Devabhai Rabari vs State Of Gujarat on 7 December, 2018
Author: Vipul M. Pancholi
Bench: Vipul M. Pancholi
C/SCA/18656/2018 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 18656 of 2018
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NATHABHAI DEVABHAI RABARI
Versus
STATE OF GUJARAT
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Appearance:
MR N P CHAUDHARY(3980) for the PETITIONER(s) No. 1
MS SHRUTI PATHAK, AGP for the RESPONDENT(s) No. 1,2,3
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CORAM: HONOURABLE MR.JUSTICE VIPUL M. PANCHOLI
Date : 07/12/2018
ORAL ORDER
1. This petition is filed under Article 226 of the Constitution of India in which the petitioner has prayed for release of the vehicle bearing registration No.GJ-12-BJ-4637.
2. Heard learned advocate for the petitioner and learned Assistant Government Pleader Ms. Pathak.
3. It is submitted by the petitioner that petitioner is the owner of the vehicle in question and the said vehicle is seized by the respondent authority when the same was carrying ordinary sand. Thereafter the respondent authority issued the show cause notice dated 03.11.2018, wherein the petitioner was asked whether he is ready to pay the penalty and compounding fees as stated in the said show cause notice. In turn, petitioner has submitted his Page 1 of 3 C/SCA/18656/2018 ORDER reply dated 05.12.2018. It is submitted that though the said reply is submitted and petitioner has shown willingness to pay the penalty, till date, the respondent has not released the vehicle in question. He, therefore, urged that appropriate directions be issued to the respondent authority.
4. On the other hand, learned Assistant Government Pleader, after taking instructions from the concerned officer, submitted that if the petitioner is ready and willing to furnish Non- Interest Bearing Security Deposit or Bank Guarantee as provided under Rule 12(5) of the Gujarat Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2017 (hereinafter referred to as 'the Rules of 2017' for short), the respondent authority will immediately release the vehicle in question.
5. Having heard the learned advocates appearing for the parties and having gone through the material produced on record, it is revealed that the vehicle in question is seized by the respondent authority and thereafter on 03.11.2018, the show cause notice is issued by the respondent authority to the petitioner. The petitioner has shown willingness to comply with the provisions contained in Rule 12(5) of the Rules of 2017 and therefore the respondent authority is required to consider the said Page 2 of 3 C/SCA/18656/2018 ORDER request of the petitioner.
6. In view of the aforesaid facts and circumstances of the present case, it is open for the petitioner to furnish the non-interest bearing security deposit or a bank guarantee before the respondent authority as per the show cause notice issued by the respondent authority. As and when such deposit or bank guarantee is furnished to the respondent authority, the respondent authority is directed to release the vehicle in question forthwith.
7. With the aforesaid observations and directions, petition is disposed of. Direct service is permitted.
(VIPUL M. PANCHOLI, J) Jani Page 3 of 3