MUKESHBHAI BABUBHAI KASWALA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS Letters Patent Appeal is at the instance of an unsuccessful applicant of a Misc. Civil Application for modification of the original order passed in a Special Civil Application and is directed against order dated 5th July 2013 passed by a learned Single Judge of this court in Misc. Civil Application No. 1402 of 2013 by which His Lordship has refused to modify the conditions of the release of the vehicle seized under the provisions of the Gujarat Mineral [Prevention of Illegal Mining, Transportation and Storage] Rules, 2005 [for short, the Rules hereafter].

(2.) BEING dissatisfied with the order of seizure passed by the concerned authority, the appellant before us filed a Special Civil Application being No. 8899 of 2013 and the said Special Civil Application was disposed of by the learned Single Judge by order dated 24th June 2013 by directing the State-respondents to release the seized vehicle to the respective parties on furnishing a bond and an undertaking by the petitioner in accordance with the cost of the vehicle, as laid down in Rule 18 of the Rules. The learned Single Judge further directed that the petitioner will not transfer or sell the ownership of the vehicles without taking permission of the respondent authority and will also produce the vehicle as and when asked by the authorised officer. The learned Single Judge further directed that the petitioner should also give solvent surety, in addition to the guarantee bond.

(3.) BEING dissatisfied, the applicant of the Misc. Civil Application has come up with the present Letters Patent Appeal.