VASTABHAI DHUDABHAI SHIYALIYAversusSTATE OF GUJARAT

    C/SCA/9848/2026                              ORDER DATED: 23/07/2026




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

            R/SPECIAL CIVIL APPLICATION NO. 9848 of 2026

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                      VASTABHAI DHUDABHAI SHIYALIYA
                                  Versus
                         STATE OF GUJARAT & ORS.
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Appearance:
MR ANKIT Y BACHANI(5424) for the Petitioner(s) No. 1
ROSHNI PATEL AGP for the Respondent(s) No. 1,2,3,4
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 CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI

                             Date : 23/07/2026

                                 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 12.04.2026 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 Tractor vide Registration No. GJ 13 CA



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    C/SCA/9848/2026                                   ORDER DATED: 23/07/2026




6954, 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. J.S.Vadher, In
charge Geologist, Surendranagar 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/9848/2026                                                                  ORDER DATED: 23/07/2026




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.       Tractor             vide
Registration No. GJ 13 CA 6954. 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 23/07/2026 16:55:40




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