DEVARSHIBHAI MOHANBHAI OAD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE returnable forthwith. Ms.Dhwani Tripathi learned AGP, waives service of notice of rule on behalf of the respondent - State. With consent of the learned advocates for the respective parties, the matter is taken up for final hearing today.

(2.) By way of this petition under Article 226 of the Constitution of India, the petitioner has prayed for quashing and setting aside the action of the respondent qua seizing of the vehicle of the petitioner being TATA HITACHI EX-200 LC (Orange Coloured) and to direct the respondent authorities to release aforesaid excavator machine forthwith in the interest of justice.

(3.) Mr. R.K.Mansuri, learned counsel for the petitioner, would rely on an order passed by this Court in Special Civil Application No. 19555 of 2022 which reads as under: