High Court of Gujarat
RAKESH DALPATBHAI OADversusTHE GEOLOGIST NAVSARI
- Decided
- Disposal
- 58-RULE ISSUED & RULE ABSOLUTE/ALLOWED @FH
- Bench
- NIRZAR S DESAI
Holding
In the absence of a complaint filed within the period prescribed by the Gujarat Mineral Rules, the seizure is unlawful and the vehicle must be released.
Summary
Petitioner Rakesh Dalpatbhai Oad filed a Special Civil Application seeking the release of his Tata Hitachi Excavator (Serial No. SP20-35384) that had been seized by the respondents on 11 April 2026. The seizure was made under the Gujarat Mineral (Prevention of Illegal Mining, Transportation and Storage) Rules, 2017, but no formal complaint was filed by the authorities as required by those Rules. The petitioner argued that without a complaint the vehicle must be released, relying on a prior judgment of this Court in Special Civil Application No. 8664 of 2024. The Court held that the investigator is obligated to file a written complaint and produce the seized property before the Sessions Court within the stipulated period; failure to do so renders the seizure unlawful. Consequently, the Court ordered the immediate release of the excavator and clarified that the order is limited to the release of the vehicle and does not preclude further legal action by the authorities. The application was disposed of without costs.
Issues considered
- Whether the seizure of the petitioner’s excavator is valid in the absence of a complaint filed under the Gujarat Mineral (Prevention of Illegal Mining, Transportation and Storage) Rules, 2017.
Legislation cited
Subjects
- seizure
- illegal mining
- Gujarat Mineral Rules
- vehicle release
- special civil application
- writ petition
- court order
Judgment
C/SCA/8830/2026 ORDER DATED: 03/07/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 8830 of 2026
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RAKESH DALPATBHAI OAD
Versus
THE GEOLOGIST NAVSARI & ANR.
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Appearance:
MR. SOHEL H SHAIKH(17661) for the Petitioner(s) No. 1
NIKUNJ KANARA AGP For the Respondent(s) No. 1,2
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CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI
Date : 03/07/2026
ORDER
1. RULE. Learned Assistant Government Pleader waives serves
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. Learned counsel for the petitioner submits that the vehicle
of the petitioner has been seized on 11.04.2026 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 TATA Hitachi Excavator Machine Ex 210
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C/SCA/8830/2026 ORDER DATED: 03/07/2026
Super, Serial No.SP20-35384, pending the proceedings. Learned
counsel in support of his contentions places reliance on the
order passed by the Coordinate Bench of this Court dated
8.8.2024 in Special Civil Application No.8664 of 2024.
4. Learned Assistant Government Pleader appearing for the
respondents upon instructions received from Mr.Pravin
Khambhla, Geologist, submits that no complaint has been filed
yet and that therefore, appropriate order may be passed in the
present case.
5. In view of the aforesaid submissions, it is revealed that no
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.
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C/SCA/8830/2026 ORDER DATED: 03/07/2026
6. In view of the enunciation of law and in absence of any
complaint filed, it would not be within the authority of the
respondent No.2 to continue seizure of the vehicle and
therefore, the authority concerned is directed to forthwith
release the vehicle of the petitioner i.e. TATA Hitachi
Excavator Machine Ex 210 Super, Serial No.SP20-35384. 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 the officers to initiate any proceedings, in
accordance with law.
7. It is made clear that this Court has not gone into the merits
of the case and no observation is made thereon.
8. In view of the aforesaid observations, the present Special
Civil Application stands DISPOSED OF. Rule is made absolute
accordingly. No order as to costs. Direct Service is permitted.
(NIRZAR S. DESAI,J)
BHAVIN MEHTA
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: BHAVINKUMAR DEVENDRABHAI MEHTA(HCW0108), ENGLISH STENOGRAPHER GRADE ONE, at High Court of Gujarat on 03/07/2026 18:03:40
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