JAGABHAI KUKABHAI BAVALIYAversusSTATE OF GUJARAT

   C/SCA/7084/2026                               JUDGMENT DATED: 08/05/2026




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/SPECIAL CIVIL APPLICATION NO. 7084 of 2026


FOR APPROVAL AND SIGNATURE:


HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK Sd/-

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          Approved for Reporting                Yes          No
                                                             No
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                     JAGABHAI KUKABHAI BAVALIYA
                                Versus
                       STATE OF GUJARAT & ORS.
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Appearance:
MR. NIKHIL R OZA(9911) for the Petitioner(s) No. 1
MS DIXA PANDYA AGP for the Respondent(s) No. 1,2,3,4
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  CORAM:HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK

                           Date : 08/05/2026

                          ORAL JUDGMENT


1. Leave to amend the name of the vehicle is granted.

2. Rule. Learned Assistant Government Pleader Ms. Dixa
Pandya,       waives   serves      of    Rule   on     behalf       of    the
respondents.

3. With the consent of the learned advocates for the
parties, the matter is taken up for final hearing and
disposal.



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  C/SCA/7084/2026                                 JUDGMENT DATED: 08/05/2026




4. Learned advocate for the petitioner submits that the
vehicle of the petitioner has been seized on 11 th
December, 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 Tractor bearing registration No.GJ-
13-CF-6443 pending the proceedings. Learned advocate
in support of his contentions places reliance on the order
passed by the Coordinate Bench of this Court dated 08th
August, 2024 in Special Civil Application No.8664 of
2024.

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

6. 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

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     C/SCA/7084/2026                                                               JUDGMENT DATED: 08/05/2026




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.

7. 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
forthwith release the vehicle of the petitioner. 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.

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

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.
                                                                                            Sd/-
                                                                        (HEMANT M. PRACHCHHAK,J)
SURESH SOLANKI
 Original copy of this order has been signed by the Hon'ble Judge.
 Digitally signed by: SURESHKUMAR MOTIBHAI SOLANKI(HC00208), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 08/05/2026 18:09:52




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