Authority: High Court of Gujarat, Ahmedabad
Order Date: 30 July 2026
Case Overview
- Petitioner: Sorubha Chandubha Gohil; Respondents: State of Gujarat & others.
- Vehicle (TATA Hitachi Machine Excavator, Model No. EX200LC) seized on 18‑Feb‑2025 by respondent authorities under Gujarat Mineral (Prevention of Illegal Mining, Transportation and Storage) Rules, 2017.
- Complaint regarding seizure was filed after the 45‑day period prescribed by Rule 12 of the 2017 Rules, violating procedural requirement.
- Petitioner's counsel relied on earlier coordinate bench order dated 8‑Aug‑2024 (Special Civil Application No.8664 of 2024) supporting release when complaint not filed timely.
- Respondents, represented by Assistant Government Pleader on instructions of Ms. Vipul Solanki, Geologist, Chhotaudepur, acknowledged late filing and sought appropriate order.
Final Outcome
- Court held that failure to file complaint within 45 days invalidates the seizure and any bank guarantee, mandating release of the excavator.
- Release conditioned on:
(i) Petitioner filing an oath‑bound undertaking not to transfer, alienate, part with possession, or create any charge over the excavator until trial concludes.
(ii) Petitioner producing the excavator when directed by the authority or Court.
- Court expressly did not consider merits of the underlying illegal mining allegations; the complaint will be decided on its merits by the lower court.
- No order as to costs; the application is disposed of and the rule is made absolute.
Topics: Court Order, Mineral Regulation, Asset Release