BATHABHAI GAGJIBHAI ALGOTARversusTHE STATE OF GUJARAT

     C/SCA/6354/2026                              JUDGMENT DATED: 01/05/2026




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

               R/SPECIAL CIVIL APPLICATION NO. 6354 of 2026


FOR APPROVAL AND SIGNATURE:


HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK
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            Approved for Reporting               Yes          No
                                                              ✔
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                       BATHABHAI GAGJIBHAI ALGOTAR
                                  Versus
                       THE STATE OF GUJARAT & ORS.
==========================================================
Appearance:
MR JAY N SHAH(10668) for the Petitioner(s) No. 1
MR VAIBHAV SHARMA, ASST. GOVERNMENT PLEADER for the
Respondent(s) No. 1,2,3
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 CORAM:HONOURABLE MR. JUSTICE HEMANT M.
       PRACHCHHAK

                             Date : 01/05/2026

                                JUDGMENT


1.      RULE returnable forthwith. Learned Assistant Government
Pleader Mr. Vaibhav Sharma, waives service 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 of the Constitution
of India read with the provisions of the Mines and Minerals
(Regulations and Development) Act, 1957 (hereinafter be referred to
as “the Act”) and under the provisions of the Gujarat Minerals



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     C/SCA/6354/2026                                    JUDGMENT DATED: 01/05/2026




(Prevention of Illegal Mining, Transportation and Storage) Rules, 2017
(hereinafter be referred to as “the Rules”), petitioner has prayed for
the following reliefs :


        “(A) This Hon’ble Court may be pleased to admit and allow this petition;

        (B) This Hon’ble Court may be pleased to issue writ, order or direction,
        quashing and setting aside the action of respondents of seizing the vehicle
        at Anexure-A and release the JOHN DEERE TRACTOR having Registration
        No. GJ-13-CA-9438 of the ownership of the petitioner which is seized by the
        respondents and at present the case is pending with the respondent, on
        such terms and conditions as this Hon’ble Court may deem think fit;

        (C) This Hon’ble Court may be pleased to issue appropriate writ, order or
        direction for releasing the JOHN DEERE TRACTOR having Registration No.
        GJ-13-CA-9438, of the ownership of the petitioner which is seized by the
        respondents and at present the case is pending with the respondent, on
        such terms and conditions as this Hon’ble Court may deem think fit;

        (D) Pending admission and final disposal of this petition, Your Lordships
        may be pleased to release the vehicle being JOHN DEERE TRACTOR having
        Registration No. GJ-13-CA-9438, on appropriate terms and conditions that
        may be deem fit and proper to this Hon’ble Court;

        (E) Grant such other and further relief as thought fit in the interest of
        justice.”


4.      Heard Mr. Jay N. Shah, learned counsel appearing on behalf of
the petitioner and Mr. Vaibhav Sharma, learned Assistant Government
Pleader, appearing on behalf of the respondents.

5.      Learned counsel for the petitioner submits that the vehicle of
the petitioner has been seized on 01.12.2025 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 JOHN DEERE TRACTOR
having Registration No. GJ-13-CA-9438, pending the proceedings.


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Learned counsel in support of his contentions places reliance on the
order passed by this Court in Letters Patent Appeal Nos. 717 of 2020,
882 of 2020 and Special Civil Application No. 9203 of 2020.

6.      Mr. Sharma, learned Assistant Government Pleader, appearing
for the respondents, upon instructions received from Mr.J.S. Vadher,
Geologist, Surendranagar, submits that no complaint has been filed
yet and that therefore, appropriate order may be passed in the
present case.

7.      In view of the aforesaid submissions, it is revealed that
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 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 statutory authority of the
respondent authority to continue seizure of the vehicle and therefore,
the authority concerned is directed to release the vehicle of the
petitioner, within a period of one week. 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 under the law. It is also clarified that


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   this order shall not preclude 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 01/05/2026 17:32:33


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