VISHNUBHAI CHELABHAI BHARWAD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Learned AGP Mr. Alkesh Shah waives service of Rule on behalf of the respondents in all the petitions.

(2.) Since in all petitions similar reliefs have been prayed for by the petitioners and similar facts have been mentioned and common and identical contentions have been raised and even the orders passed in connection with the application made under Rule 18 of the Gujarat Mineral (Prevention of Illegal Mining Transportation and Storage) Rules, 2005 are also identical and same, the present group of petitions are heard and decided by this common judgment.

(3.) Earlier by common oral Judgment and order dated 10.10.2012, this Court (Coram : Honble Mr. Justice K.M. Thaker) has disposed of all these petitions on certain conditions/directions. One of the condition was that each of the petitioners shall submit bank guarantee drawn by a Nationalized Bank in the sum of Rs.16,00,000/- per petitioner, the vehicles of the petitioners may be released. The vehicles of only those petitioners may be released who submit bank guarantee, as aforesaid, in the sum of Rs.16,00,000/-....... Thereafter, the petitioners herein have filed Miscellaneous Civil Application No. 2877 of 2012 for modification of order passed in the above Special Civil Application Nos. 12752 to 12758 of 2012, in which it was submitted that considering the financial position, the petitioners will not be in a position to get and submit the Bank Guarantee as directed by this Honble Court in the order dated 10.10.2012 and the petitioners requested that the said condition may be dropped or modified and for that purpose, petition be restored. Thereafter, this Court vide order dated 30.10.2012 restored the above petitions and directed the office to list the above petitions for admission and hearing.