M/S. SHIVAM STONEversusSTATE OF GUJARAT

     C/SCA/4118/2026                              JUDGMENT DATED: 17/04/2026




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

               R/SPECIAL CIVIL APPLICATION NO. 4118 of 2026


FOR APPROVAL AND SIGNATURE:


HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK
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            Approved for Reporting               Yes          No

================================================================
                           M/S. SHIVAM STONE
                                  Versus
                        STATE OF GUJARAT & ORS.
================================================================
Appearance:
MR KRUTI M SHAH WITH MR JAY N SHAH(10668) for the Petitioner(s) No.
1
MS DIXA PANDYA, ASST. GOVERNMENT PLEADER for the Respondent(s)
No. 1,2,3,4,5
================================================================

 CORAM:HONOURABLE MR. JUSTICE HEMANT M.
       PRACHCHHAK

                             Date : 17/04/2026

                               JUDGMENT


1.      RULE returnable forthwith. Learned Assistant Government
Pleader Ms. Dixa Pandya, waives service of notice 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.      By way of present petition under Article 226 of the Constitution
of India read with the provisions of the Mines and Minerals
(Development and Regulations) Act, 1957 (hereinafter be referred to
as “the Act”) and under the provisions of the Gujarat Minerals


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     C/SCA/4118/2026                                    JUDGMENT DATED: 17/04/2026




(Prevention of Illegal Mining, Transportation and Storage) Rules, 2017
(hereinafter be referred to as “the Rules”), petitioner has prayed for
the following reliefs :


        “(A) Your Lordships may be pleased to issue an appropriate writ, order or
        direction to call record of proceedings and documents in connections to the
        seizure form dated 6.3.226 relying on which impugned seizer form is
        issued;

        (B) Your Lordships may be pleased to issue an appropriate writ, order or
        direction of quashing and setting aside the seizure proceedings including
        the impugned seizure form dated 06.03.2026 issued by Executive
        Magistrate, Muli (Annexed hereto as Annexure – A), being without
        jurisdiction;

        (C) Pending admission, hearing and final disposal of this petition, Your
        Lordships may be pleased to release the Tata Hitachi machine (Sr. No.
        SP13-14990), two plants and 150 MT Manufactured Sand mentioned in
        seizure form dated 06.03.2026;

        (D) Your Lordships may be pleased to grant any other relief/s which deems
        fit and proper in the interest of justice.”


4.      Heard learned counsel Ms. Kruti M. Shah assisted by Mr. Jay N.
Shah, learned counsel for the petitioner and Ms. Dixa Pandya, learned
Assistant      Government      Pleader,     appearing      on    behalf     of       the
respondents.

5.      Learned advocate for the petitioner submits that the vehicle of
the petitioner has been seized on 07.03.2026 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 machine (Sr.
No. SP13-14990) pending the proceedings.

6.      Ms. Dixa Pandya, learned Assistant Government Pleader,

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     C/SCA/4118/2026                             JUDGMENT DATED: 17/04/2026




appearing for the respondents, upon instructions received from Mr.J.S.
Vadher, Geologist, Surendranagar, submits that no complaint has
been filed yet and that therefore, appropriate order may be passed in
the present case.

7.      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.

8.      In view of the enunciation of law and in absence of any
complaint filed, it would not be within the authority of the respondent
authority to continue seizure of the vehicle and therefore, the
authority concerned is directed to release the vehicle of the
petitioner, within a period of one week. 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.

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


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          C/SCA/4118/2026                                                       JUDGMENT DATED: 17/04/2026




  10.        In view of the aforesaid observations, the present petition
  stands disposed of. The impugned seizure form dated 06.03.2026
  issued by the Executive Magistrate, Muli, Suredranagar is hereby
  quashed and set aside. Rule is made absolute accordingly. No order
  as to costs.
             Direct Service is permitted.


                                                                      (HEMANT M. PRACHCHHAK,J)

  Dolly




Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: DOLLYBEN CHETANBHAI VADUKAR(HC01392), PRIVATE SECRETARY, at High Court of Gujarat on 17/04/2026 17:47:10

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