Patel Bhavikbhai Ashvinbhai vs State Of Gujarat & 4

1.0 Rule. Mr. RS Oza, learned Assistant Government Pleader waives service of notice of rule on behalf o f the respondents. 2.0. By way of present petition filed under Articles 14, 19, 21 and 226 of the Constitution of India, the petitioner has prayed as under:

14 [a] Your Lordships may be pleased to admit and allow this petition;

[b] Your Lordships may be pleased to issue an appropriate writ, order or directions and directing the respondent authorities to decide the application filed by the petitioner under Rule 18 dated 10.04.2015 and release the vehicle.

appropriate writ, order or directions and thereby directed respondent authorities to decide the application dated 10.04.2015 filed by the petitioner under Rule 18 of the Rules, within 4 days from the date of the order which may be passed by this Hon'ble Court.

[d] Pending hearing admission and final disposal of this petition Your Lordships may be pleased to direct respondent authorities to decide the application filed by the petitioner under Rule 18 dated 10.04.2015 [e] Such other and further relief or relives as may be deem fit, just and proper, in the facts and circumstance of the case.

3.0 The short grievance raised by the petitioner in the petition is with regard to non releasing the vehicle being truck bearing no. GJ­18­AU­ 7542 seized by the respondents in breach of provisions of Gujarat (Prevention of Illegal Mining, Transportation and Storage) Rules, 2005 and no order has been passed by the concerned authority. 4.0 Learned advocate appearing for the petitioner submitted that under Rule 18 of Gujarat Mineral ( Prevention of illegal Mining, Transportation and Storage) Rules, 2005, the petitioner is ready and willing to execute the bond as per Form L (amended on 12.02.2015 in Gujarat (Prevention of Illegal Mining, Transportation and Storage) Rules, 2005),and therefore, the concerned respondents may be directed to release the vehicles. He relied upon various decisions of this Page 2 of 4 C/SCA/6714/2015 ORDER Court particularly decision dated 11.10.2012 passed by the Division Bench of this Court in Letters Patent Appeal No. 1168 of 2012 wherein it has been held that the authority is bound to release the vehicle which is seized under the aforesaid rule.

5.0 On the other hand, Mr. RS Oza, learned Assistant Government Pleader states that the authorities shall decide the application, if the petitioner makes an application.

6.0 Heard learned advocates for the parties and perused the order passed by the Division Bench of this Court in Letters Patent Appeal No. 1168 of 2012. As observations made in paragraph No. 18 of the order of the Division Bench, following order is passed:

The respondent authority shall consider the application submitted by the petitioner as expeditiously as possible preferably within a period of one week from the date of the receipt of the order and shall consider the order passed by this Court with regard to release of the vehicle including, to accept the bond as per Form L (amended on 12.02.2015 in Gujarat (Prevention of Illegal Mining, Transportation and Storage) Rules, 2005), if the same is seized pursuant to breach of above referred provisions.

7.0 Rule made absolute to the aforesaid extent. Direct service is permitted.

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