JAGABHAI KUKABHAI BAVALIYA v. STATE OF GUJARAT & Ors.
Case at a glance
- Decided
- 08 May 2026
- Bench
- HEMANT M PRACHCHHAK
Outcome
Disposed of
Special Civil Application stands disposed of
Key paragraphs
- Para 66. 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…
- Para 99. 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. SURESH SOLANKI Sd/- (HEMANT M. PRACHCHHAK,J) Original copy of this order has been signed by the…
Judgment
========================================================== 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 ========================================================== CORAM:HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK Date : 08/05/2026 ORAL JUDGMENT
Leave to amend the name of the vehicle is granted.
Rule. Learned Assistant Government Pleader Ms. Dixa Pandya, waives serves of Rule on behalf of the respondents.
With the consent of the learned advocates for the parties, the matter is taken up for final hearing and disposal. C/SCA/7084/2026 JUDGMENT DATED: 08/05/2026
Learned advocate for the petitioner submits that the vehicle of the petitioner has been seized on 11th 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
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.
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 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.
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.
It is made clear that this Court has not gone into the merits of the case and no observation is made thereon.
Operative part
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. SURESH SOLANKI Sd/- (HEMANT M. PRACHCHHAK,J) Original copy of this order has been signed by the Hon'ble Judge.
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Special Civil Application stands disposed of
Which court decided this case, and when?
Gujarat High Court, on 08 May 2026. The bench was HEMANT M PRACHCHHAK.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.