GULIBEN NATHUBHAI RATHVAversusTHE STATE OF GUJARAT

     C/SCA/3224/2026                              JUDGMENT DATED: 08/05/2026




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

               R/SPECIAL CIVIL APPLICATION NO. 3224 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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                        GULIBEN NATHUBHAI RATHVA
                                  Versus
                       THE STATE OF GUJARAT & ORS.
==========================================================
Appearance:
MR JIGAR L PATEL(11596) for the Petitioner(s) No. 1
MR. ALTAF Y CHARKHA(7271) for the Petitioner(s) No. 1
MS DIXA PANDYA AGP for the Respondent(s) No. 1,2,3
==========================================================

 CORAM:HONOURABLE MR. JUSTICE HEMANT M.
       PRACHCHHAK

                             Date : 08/05/2026

                                JUDGMENT


1.       Rule returnable forthwith. Ms. Dixa Pandya, learned AGP
waives service of notice of Rule on behalf of respondents no.
1,2,3.


2.       With the consent of both the parties, the matter is taken up
for final hearing today.


3.       Leamed counsel for the petitioner submits that the vehicle
of the petitioner has been seized on 08.02.2025 by the
respondent authorities and the complaint is not preferred by the
authorities within stipulated period, i.e. after 45 days. Leamed


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     C/SCA/3224/2026                          JUDGMENT DATED: 08/05/2026




counsel submits that since the complaint has not been filed
within the stipulated period, as per the Rule 12 of the Gujarat
Mineral (Prevention of Illegal Mining, Transportation and Storage)
Rules, 2017, the petitioner is entitled to release of her vehicle,
being Tractor having registration No.GJ-07-AN-3887, 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.      Leamed Assistant Government Pleader appearing for the
respondents upon instructions received from Ms.Vipul Solanki,
Geologist, Chhotaudepur, submits that the complaint has been
filed after the stipulated period of time under the Rules. Leamed
Assistant Government Pleader submits that appropriate order
may be passed in the present case.


5.      In view of the aforesaid submissions, it is revealed that the
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.


6.      In view of the fact that the vehicle in question having been

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         C/SCA/3224/2026                                                   JUDGMENT DATED: 08/05/2026




    seized on 08.02.2025 and the complaint has been after 45 days,
    the vehicle of the petitioner be released on the following
    conditions:


             (i)      The petitioner shall file an undertaking on oath before the
             competent authority that the petitioner shall not transfer,
             alienate, part with the possession of the vehicle being Tractor
             having registration No.GJ-07-AN-3887 or create any charge over
             the vehicle in question till the conclusion of the trial.


             (ii)     The petitioner shall produce the vehicle being Tractor
             having registration No.GJ-07-AN-3887 as and when the authority
             or the Court concerned directs him to do so.


    7.       It is made clear that this Court has not gone into the merits
    of the case and no observation is made thereon.


    8.       The concerned court below shall decide the complaint on
    its on merits in accordance with law. It is also made clear that
    the respondent authorities are permitted to take appropriate
    step(s) m accordance with law against the petitioner under the
    Rules, 2017.


    9.       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.



                                                                  (HEMANT M. PRACHCHHAK,J)
    ANUSRI

Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: ANUSRI VASU(HC02352), ENGLISH STENO GRADE-II\, at High Court of Gujarat on 08/05/2026 18:04:37


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