High Court of Gujarat
SANJAY BHIKHUBHAI NAYKAversusGEOLOGIST, NAVSARI
- Decided
- Disposal
- 58-RULE ISSUED & RULE ABSOLUTE/ALLOWED @FH
- Bench
- NIRZAR S DESAI
Holding
In the absence of a complaint filed as required under the Gujarat Mineral (Prevention of Illegal Mining, Transportation and Storage) Rules, 2017, the seized vehicle must be released to the petitioner.
Summary
The petitioner’s yellow Volvo excavator (EC140BLC, VCEC140BP00017366) was seized by the respondent authorities on 16‑04‑2026. No complaint was filed by the respondents as required under the Gujarat Mineral (Prevention of Illegal Mining, Transportation and Storage) Rules, 2017. The petitioner moved a Special Civil Application seeking release of the vehicle. The Court observed that the statutory rule obliges the investigator to file a written complaint and produce the seized property before the Court within the stipulated period; failure to do so defeats the purpose of seizure and any bank‑guarantee requirement. Consequently, the Court directed the immediate release of the excavator, clarifying that the order is limited to release and does not preclude future legal action. The Court did not examine the merits of the underlying allegations and disposed of the application.
Issues considered
- Whether the seizure of the petitioner’s vehicle is valid in the absence of a complaint filed under the Gujarat Mineral (Prevention of Illegal Mining, Transportation and Storage) Rules, 2017.
- Whether the respondent authority can continue to retain the seized vehicle without complying with the statutory requirement of filing a complaint.
- Whether the Court should order the release of the seized vehicle.
Legislation cited
Subjects
- seizure
- vehicle release
- Gujarat Mineral Rules
- illegal mining
- special civil application
- bank guarantee
- statutory compliance
Judgment
C/SCA/9890/2026 ORDER DATED: 23/07/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 9890 of 2026
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SANJAY BHIKHUBHAI NAYKA
Versus
GEOLOGIST, NAVSARI & ANR.
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Appearance:
MR. SOHEL H SHAIKH(17661) for the Petitioner(s) No. 1
ANGESH PANCHAL AGP for the Respondent(s) No. 1,2
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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 16.04.2026 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 Yellow Colour Volvo Model/ type
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C/SCA/9890/2026 ORDER DATED: 23/07/2026
EC140BLC product Identification No.VCEC140BP00017366
Excavator Machine, 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.P. R.
Khambhla, Navsari 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/9890/2026 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. Yellow Colour Volvo
Model/ type EC140BLC product Identification
No.VCEC140BP00017366 Excavator Machine. 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 16:56:56
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