Authority: High Court of Gujarat at Ahmedabad
Order Date: 03/07/2026
Case Overview
- Parties: Petitioner – Rakesh Dalpatbhai Oad; Respondents – The Geologist Navsari & Anr.
- Application: Special Civil Application No. 8830 of 2026.
- Counsel: petitioner represented by Mr. Sohel H Shaikh (17661); respondent No.1 represented by Nikunj Kanara (AGP); respondent No.2 represented by Assistant Government Pleader on instructions of Mr. Pravin Khambhla, Geologist.
- Background: The petitioner’s vehicle, a TATA Hitachi Excavator Machine Ex 210 Super, Serial No. SP20-35384, was seized on 11.04.2026 by respondent authorities. No complaint was filed thereafter, contrary to the Gujarat Mineral (Prevention of Illegal Mining, Transportation and Storage) Rules, 2017.
- Legal Precedent Cited: Order of the Coordinate Bench dated 08.08.2024 in Special Civil Application No.8664 of 2024.
- Procedural Notes: Learned Assistant Government Pleader waived service of rule for respondents; with consent of counsels, matter taken up for final hearing and disposal.
Final Outcome
- The Court observed that no complaint had been filed within the period prescribed under the 2017 Rules, making continued seizure unlawful.
- It directed the authority that had seized the vehicle to forthwith release the TATA Hitachi Excavator (Ex 210 Super, S/N SP20-35384) to the petitioner, without insisting on a bank guarantee.
- The order is limited to the release of the vehicle; it does not preclude the officers from initiating any further legal proceedings as per law.
- The Court expressly stated that it has not examined the merits of the underlying dispute.
- The Special Civil Application is DISPOSED OF; the rule is made absolute, no order as to costs, and direct service is permitted.
Signature
- Hon’ble Justice Nirzar S. Desai (signed digitally)
- Digitally signed by Bhavinkumar Devendrabhai Mehta, English Stenographer Grade One, at High Court of Gujarat on 03/07/2026 18:03:40.
Topics: Legal Release Order, Mining Regulation