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Hojefabhai Mansurbhai ... vs State Of Gujarat

High Court Of Gujarat|02 October, 2023
1. The order of the Geologist dated 31.07.2020, submitted by the learned advocate for the petitioner through email, is ordered to be taken on record.
2. RULE. Learned Assistant Government Pleader waives service of rule on behalf of the respondent-state.
3. Learned counsel for the respective parties placed reliance on the order passed by the coordinate bench of this Court dated 25.03.2019 passed in Special Civil Application No.3394 of 2019.
4. The relevant paragraph of the aforesaid order reads as under :
"13. Therefore, considering the aforesaid position of Page 1 of 3 Downloaded on : Sat Aug 29 02:13:51 IST 2020 C/SCA/5440/2020 ORDER law, the Rules categorically provides for the release of vehicle by the Authorized Officer, the moment person alleged whose vehicle is involved in illegal mining activity furnishes the Bank guarantee or the security deposit as specified in Sub-rule (7) of Rule-
12. Authorized Officer is obliged to release the vehicle. It is found that in many cases, the application by the petitioner are not even accepted by the Department nor the Department authorizes the vehicle with appropriate report before the Magistrate concerned. Thereby leaving with no option to such person but to file petition before this Court. As the petitioners are ready and willing to pay the penalty amount the at the same time, safe guard interest of the State as well. The Court deems it fit the release the Truck No.GJ-16-X-9006 is ordered to be released after complying with following conditions:
(a) The petitioner to file an undertaking before this Court that the petitioner shall forthwith comply with the directions contained in the outcome of the proceedings under Rules of 2017 and Mines and Mineral (Regulation and Development) Act, 1957;
(b) to deposit an amount of Rs.1,04,325/- towards the penalty quantified by the Department;
(c) to furnish the Bank guarantee for an amount of Rs.2,00,000/-;
(d) If the Petitioner and or the vehicle is found again violating the provisions of Rules of 2017 and Mines and Mineral (Regulation and Development) Act, 1957, it is open for the Department to invoke the Page 2 of 3 Downloaded on : Sat Aug 29 02:13:51 IST 2020 C/SCA/5440/2020 ORDER Bank guarantee;"
5. In view of the aforesaid, the Court deems it fit to release the Truck No. GJ-6-AV-4236 after complying with following conditions :
(a) The petitioner to file an undertaking before this Court that the petitioner shall forthwith comply with the directions contained in the outcome of the proceedings under Rules of 2017 and Mines and Mineral (Regulation and Development) Act, 1957;
(b) to deposit an amount of Rs.87,696/- towards the penalty quantified by the Department;
(c) to furnish the Bank guarantee for an amount of Rs.1,00,000/- for a period of one year;
(d) If the Petitioner and or the vehicle is found again violating the provisions of Rules of 2017 and Mines and Mineral (Regulation and Development) Act, 1957, it is open for the Department to invoke the Bank guarantee;
6. The petition is allowed in the aforesaid terms. Rule is made absolute with no order as to costs. Direct service is permitted.
(A. C. RAO, J) SURESH SOLANKI/DOLLY Page 3 of 3 Downloaded on : Sat Aug 29 02:13:51 IST 2020
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