MOHAMMAD HAJIAHMAD BHUNGA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule returnable forthwith. Learned Assistant Government Pleader Mr. Ishan Joshi waives service of notice of rule for the respondents-State.

(2.) With the consent of the learned advocates appearing for the respective parties, matter is taken up for final hearing today. By this petition under Articles 226 and 227 of the Constitution of India, the petitioner has prayed to issue appropriate writ, order or direction for releasing the vehicle being Truck bearing No. GJ-20X-3737 of the ownership of the petitioner which has been detained by the respondents under the Gujarat Mineral (Prevention of Illegal Mining, Storage and Transportation) Rules, 2017.

(3.) Mr. Mansuri, learned advocate for the petitioner states that the vehicle was detained though it had broken down and was parked on the roadside. A show cause notice dated 10.06.2020 was issued by the department asking the petitioner to pay certain amounts towards breach of the rules.