Gujarat High Court
Bhagirathsinh Chhatrasinh Jadeja vs State Of Gujarat & 2 on 25 May, 2017
Author: A.J. Shastri
Bench: A.J. Shastri
C/SCA/10178/2017 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CIVIL APPLICATION NO. 10178 of 2017
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BHAGIRATHSINH CHHATRASINH JADEJA....Petitioner(s)
Versus
STATE OF GUJARAT & 2....Respondent(s)
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Appearance:
MS.NAMRATA J SHAH, ADVOCATE for the Petitioner(s) No. 1
MR DHAWAN JAYSWAL, ASST.GOVERNMENT PLEADER for Respondent No. 1
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CORAM: HONOURABLE MR.JUSTICE A.J. SHASTRI
Date : 25/05/2017
ORAL ORDER
1. Heard learned counsel for the respective parties.
2. Considering the issue involved in the petition and with consent of the learned counsel appearing for the parties, the matter is taken up for its final disposal forthwith.
3. It appears that the Vehicle bearing its Registration No.GJ12BT5960, which is of the ownership of the petitioner, came to be seized under the provisions of the Gujarat Mineral (Prevention of Illegal Mining, Storage and Transportation) Rules, 2005 (hereinafter referred to as the Rules). It further appears that the petitioner has thereafter approached Page 1 of 3 HC-NIC Page 1 of 3 Created On Thu May 25 23:40:47 IST 2017 C/SCA/10178/2017 ORDER the competent authority and made oral requests several times, however, as the requests were not considered, the petitioner has filed an application dated 22.05.2017, which is pending for its consideration.
4. Learned counsel for the petitioner has relied upon the judgment and order dated 19.06.2015 passed by this Court (Coram: Hon'ble Mr. Justice N.V. Anjaria) in the case of Vikrambhai Narsangbhai Gohil Vs. State of Gujarat & Ors. rendered in Special Civil Application No.9872 of 2015, wherein this Court directed the concerned competent authority to decide the application moved by the petitioner therein within a period of seven days. On examining the issue involved in this petition and upon hearing the learned counsels appearing for the respective parties, this Court is of the opinion that the issue involved in this petition is squarely covered by the judgment of this Court in the case of Vikrambhai Narsangbhai Gohil (supra).
5. In view of the aforesaid, the competent authority is hereby directed to consider and decide the aforesaid application of the petitioner for release of the vehicle in question under Rule 18 of the Rules. The Page 2 of 3 HC-NIC Page 2 of 3 Created On Thu May 25 23:40:47 IST 2017 C/SCA/10178/2017 ORDER petitioner shall execute a bond, as per FormL as required under the Rules. The competent authority shall take such decision within a period of 7 (seven) days from the date of receipt of this order.
6. It is, however, clarified that the proceedings, which have been or which may be initiated against the petitioner in respect of penalty recoverable under the Mines and Minerale (Regulation and Development) Act, 1957 and Gujarat Mineral (Prevention of Illegal Mining Storage and Transportation) Rules, 2005 framed thereunder for recovery of penalty, shall continue against the petitioner and the authorities are free to act in respect of the said proceedings in accordance with law.
7. It is, however, made clear that this Court has not expressed anything on merits of the prayers prayed for in the petition.
8. With the above observation and direction, this petition stands disposed of. Direct service is permitted.
(A.J. SHASTRI, J.) Gaurav+ Page 3 of 3 HC-NIC Page 3 of 3 Created On Thu May 25 23:40:47 IST 2017