SHREE CHAMUNDA CARTINGversusSTATE OF GUJARAT

     C/SCA/5336/2026                              JUDGMENT DATED: 16/04/2026




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

               R/SPECIAL CIVIL APPLICATION NO. 5336 of 2026


FOR APPROVAL AND SIGNATURE:


HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK
================================================================

            Approved for Reporting               Yes          No

================================================================
                       SHREE CHAMUNDA CARTING
                                 Versus
                        STATE OF GUJARAT & ORS.
================================================================
Appearance:
MR DN VORA FOR MR SATYAM Y CHHAYA(3242) for the Petitioner(s) No.
1
MR NIKUNJ KANARA, ASST. GOVERNMENT PLEADER for the
Respondent(s) No. 1,2,3,4
================================================================

 CORAM:HONOURABLE MR. JUSTICE HEMANT M.
       PRACHCHHAK

                             Date : 16/04/2026

                               JUDGMENT


1.      RULE returnable forthwith. Mr. Nikunj Kanara, learned Assistant
Government Pleader waives serves 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 & 227 of the
Constitution of India read with the provisions of the Mines and
Minerals (Development and Regulations) Act, 1957 (hereinafter be
referred to as “the Act”) and under the provisions of the Gujarat


                                 Page 1 of 4
     C/SCA/5336/2026                                   JUDGMENT DATED: 16/04/2026




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. YOUR LORDSHIPS may be pleased to admit and allow this petition.

        B. YOUR LORDSHIPS may be pleased to issue appropriate writ, order or
        direction and thereby the respondent authority to release the dumper being
        TATA SIGNA 2830 TK BSV1 HD 16BOX bearing registration no. GJ-01-MT-
        1010 having chassis no. MAT567005S3C08369 forthwith; (Annexure-A)

        C. Such other and further relief or relieves as may be deemed fit, just and
        proper, in the facts and circumstances of the case.”


4.      Heard Mr. D.N. Vora, learned counsel appearing on behalf of Mr.
Satyam Chhaya, learned counsel for the petitioner and Mr. Nikunj
Kanara, learned Assistant Government Pleader, appearing on behalf of
the respondents.


5.      Learned counsel Mr. Vora has submitted that the vehicle of the
petitioner has been seized on 17.02.2026 by the respondent
authorities and no complaint is preferred by the authorities before the
Court below within the stipulated period. He has submitted that till
date, no show cause notice has been issued by the competent
authority. He has submitted that the dumper is in custody of the
respondent No.2 and because of that, the business of the petitioner is
being affected as it is a main source of income of the petitioner. He
has submitted 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 TATA SIGNA 2830 TK BSV1 HD 16BOX
bearing registration No.GJ-01-MT-1010 pending the proceedings.
Learned counsel in support of his contentions places reliance on the



                                     Page 2 of 4
     C/SCA/5336/2026                                     JUDGMENT DATED: 16/04/2026




order passed by the Coordinate Bench of this Court in Special Civil
Application No. 9203 of 2020, wherein, the authorities were directed
to release the vehicle on appropriate terms and conditions.


6.      Learned AGP Mr. Kanara, appearing for the respondents, upon
instructions       received   from    Ms.      Parnavi    Prajapati,      Geologist,
Ahmedabad, has submitted that no FIR is registered against the
present petitioner and therefore, appropriate orders mat be passed.


7.      In view of the aforesaid submissions, it is revealed that no
complaint has 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 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



                                     Page 3 of 4
         C/SCA/5336/2026                                                       JUDGMENT DATED: 16/04/2026




 the officers to initiate any proceedings, in accordance with law.


 9.         It is made clear that this Court has not gone into the merits of
 the case and no observation is made thereon.


 10.        In view of the aforesaid observations, the present petition
 stands disposed of. Rule is made absolute accordingly. No order as to
 costs.
            Direct Service is permitted.


                                                                     (HEMANT M. PRACHCHHAK,J)

 Dolly




Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: DOLLYBEN CHETANBHAI VADUKAR(HC01392), PRIVATE SECRETARY, at High Court of Gujarat on 17/04/2026 17:48:17

                                                     Page 4 of 4