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High Court of Gujarat

KANABHAI BIJALBHAI TRAMATAversusSTATE OF GUJARAT

Decided
Disposal
35-ANY OTHER MODE @ ADM.STAGE

Holding

The Court directed the respondent to adjudicate the seizure memo dated 12‑02‑2026 on its merits by 09‑03‑2026, without expressing any view on the substantive merits.

Summary

Kanabhai Bijalbhai Tramata filed a special civil application seeking a direction that the State of Gujarat accept his application for compounding under Rule 12 read with Rule 22 of the Gujarat Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2017, and allow him to deposit the compounding amount without observing a 30‑day waiting period. The petitioner had replied to a seizure memo dated 12‑02‑2026 on 16‑02‑2026, but the respondents insisted that the memo could be adjudicated only after 30 days, a stipulation the petitioner argued is not provided for in the Rules. The respondent’s Advocate General clarified that the seizure memo would be adjudicated within ten days. The Court, after considering the submissions, directed the respondent to adjudicate the seizure memo on its merits by 09‑03‑2026, without expressing any opinion on the substantive merits of the case. The Court clarified that it had not gone into the merits and disposed of the special civil application.

Issues considered

  • Whether the Gujarat Minerals Rules, 2017 impose a mandatory 30‑day waiting period before adjudicating a seizure memo for compounding.
  • Whether the Court can direct the respondent to adjudicate the seizure memo within a shorter period.

Legislation cited

Subjects

  • compounding
  • seizure memo
  • Gujarat Minerals Rules
  • illegal mining
  • waiting period
  • adjudication
  • special civil application

Judgment

      C/SCA/2699/2026                               ORDER DATED: 03/03/2026




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

              R/SPECIAL CIVIL APPLICATION NO. 2699 of 2026

==========================================================
                        KANABHAI BIJALBHAI TRAMATA
                                   Versus
                         STATE OF GUJARAT & ANR.
==========================================================
Appearance:
MS NAMRATA HARISHBHAI CHAUHAN(6534) for the Petitioner(s) No. 1
MR NIKUNJ KANARA AGP for the Respondent(s) No. 1,2
==========================================================

 CORAM:HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE

                               Date : 03/03/2026

                                   ORAL ORDER


1.     Rule, returnable forthwith. The learned AGP Mr. Nikunj
Kanara waives service of rule on behalf of the respondents.


2.     By the present Writ Petition, the petitioner is seeking a
direction to the respondents to accept and consider his
application for compounding under Rule 12 read with Rule 22 of
the     Gujarat         Minerals     (Prevention   of    Illegal      Mining,
Transportation and Storage) Rules, 2017 and the petitioner be
permitted to deposit the compounding amount without insisting
upon 30 days waiting period.

3.     The learned counsel Ms. Namrata Chauhan appearing for
the petitioner submits that the respondents had issued the
seizure memo dated 12.02.2026, to which, the petitioner has
replied on 16.02.2026. She submits that thereafter, the seizure
memo is not being adjudicated by the respondents by insisting
that the seizure memo shall be adjudicated only after 30 days.
She submits that such stipulation is not in existence in the


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            C/SCA/2699/2026                                                                   ORDER DATED: 03/03/2026




   Rules and that when the petitioner is ready to compound the
   offence, the same should be adjudicated at the earliest.

   4.          The learned AGP Mr. Nikunj Kanara, upon instructions,
   submits that the seizure memo shall be adjudicated within a
   period of 10 days.

   5.          Considering the submissions, the respondent No.2 is
   directed to adjudicate the seizure memo dated 12.02.2026 in
   terms of the reply of the petitioner dated 16.02.2026 on or before
   09.03.2026. The seizure memo shall be adjudicated on its own
   merits and in accordance with law.

   6.          It is clarified that this Court has not gone into the merits of
   the case and no opinion is expressed thereon.

   7.          The Special Civil Application is disposed of accordingly.
   Rule is made absolute to the aforesaid extent.



                                                                                     (ANIRUDDHA P. MAYEE, J.)
   KAUSHIK D. CHAUHAN
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: KAUSHIKKUMAR DINESHCHANDRA CHAUHAN(HC00197), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 03/03/2026 15:26:00




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