JAYANTIBHAI RAMANBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This Petition under Article 226 of the Constitution OfIndia is filed with a prayer to quash and set aside the notice dated 24.12.209 issued by the Respondent No.2 authority under the provisions of Gujarat Mineral (Prevention Of Illegal Mining, Transportation and Storage) Rules, 2017. (Hereinafter referred to as "Rules 2017")

(2.) The case of the Petitioner is that he is the owner of the Machine No. Tata Hitachi EX 110-1101-4803. On 16.12.2019, the machine has been seized when the machine was levelling the road. Seizure memo dated 16.12.2019 is annexed to the Petition. A notice in Form J has been issued on 24.12. 2019. According to the petitioner, he has replied on 30.12.2019 to which there is no response.

(3.) Ms. Kruti Shah, learned advocate appearing for the petitioner would submit that the petitioner has not committed any offence under the Rules of 2017. The vehicle was not used in illegal mining. Relying on Rule 12 of the Rules, Ms. Shah would submit that the charge has not been committed and no complaint has been filed before the Magistrate within 15 days after the seizure and therefore the vehicle ought to be released. She would rely on the decision in Special Civil Application No. 9203 of 2020 dated 26.08.2020, where the Rules of 2016 both pre- amendment and post-amendment have been considered and the Court having considered the salient features of the Rules allowed the petition by observing as under: