UMARFARUK ABBASBHAI BAVAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) In the facts of the case and having regard to the consent and request of the parties appearing through their respective learned advocates, the petition was taken up for final consideration.

(2.) It is with two principal prayers that the jurisdiction of this Court under Article 226 of the Constitution is invoked. The first prayer is to get set aside the order dated 30.9.2020 passed by respondent No.2 - the Geologist, Geology and Mining Department, Himmatnagar. The second prayer is for setting aside the action on part of the respondent No.2 in seizing the vehicle being JCB bearing No.GJ-09-DA-0022 under the provisions of Gujarat Mineral (Prevention of illegal Mining, Storage, Transportation) Rules, 2017. It is prayed to immediately release the vehicle- the JCB in question.

(3.) It appears that the JCB machine of the petitioner was hired by the panchayat for removal of unauthorized construction in the survey No.353 of village Savgadh, Taluka Himmatnagar. It appears that checking was undertaken and the allegations were levelled against the petitioner about unauthorized excavation.