High Court of Gujarat
AHIR YESHA VASANTKUMARversusGEOLOGIST , NAVSARI
- Decided
- Disposal
- 58-RULE ISSUED & RULE ABSOLUTE/ALLOWED @FH
- Bench
- NIRZAR S DESAI
Holding
In the absence of a complaint filed 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 excavator was seized by the respondent authorities on 16‑04‑2025 under the Gujarat Mineral (Prevention of Illegal Mining, Transportation and Storage) Rules, 2017. No formal complaint was filed by the respondents within the period prescribed by the Rules. The petitioner argued that, in the absence of such a complaint, the vehicle must be released. The Court noted that prior judgments require investigators to file a written complaint and produce seized property before the Sessions Court within the stipulated time, and without compliance the seizure loses its legal basis. Consequently, the Court ordered the immediate release of the excavator, clarifying that the order is limited to release and does not preclude future legal action. The application was disposed of without costs.
Issues considered
- Can the respondent authorities continue to retain the seized vehicle without filing a complaint as mandated by the Gujarat Mineral (Prevention of Illegal Mining, Transportation and Storage) Rules, 2017?
- Is the court empowered to order the release of seized property when the statutory complaint requirement is not fulfilled?
Legislation cited
Subjects
- seizure
- vehicle release
- Gujarat Mineral Rules
- illegal mining
- special civil application
- complaint requirement
Judgment
C/SCA/9943/2026 ORDER DATED: 23/07/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 9943 of 2026
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AHIR YESHA VASANTKUMAR
Versus
GEOLOGIST , NAVSARI & ANR.
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Appearance:
MR. SOHEL H SHAIKH(17661) for the Petitioner(s) No. 1
HENIL SHAH 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 16.04.2025 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 L & T Komatsu PC 200 having Registration
Page 1 of 3
C/SCA/9943/2026 ORDER DATED: 23/07/2026
No.GJ 14 M 6277 Chassis No.KL17359 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/9943/2026 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. L & T Komatsu PC 200
having Registration No.GJ 14 M 6277 Chassis No.KL17359
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 17:01:33
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