SANDIPSINH DILIPSINH RANA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition is filed under Article 226 of the Constitution of India, in which, the petitioner has prayed for the following reliefs:

(2.) Heard learned advocate Ms.Kruti M. Shah for the petitioner and learned Assistant Government Pleader Ms.Shruti Pathak for the respondents.

(3.) It is submitted by the learned advocate for the petitioner that the petitioner is the owner of the vehicle i.e. JCB Machine No.GJ-23-BC-0039. The said machine was stopped at Chikhodra, Anand, by respondent No.2 and, thereafter, it was seized. It is submitted that notice dated 14.11.2018 is issued to the concerned landowner and the petitioner wherein it is alleged that with the machine in question, the landowner and the petitioner have illegally excavated 1583.4 MTs of ordinary sand from the private land of Chhaganbhai Motibhai Parmar and, therefore, both of them are jointly liable to pay Rs.2,77,095/- by way of penalty and total amount of Rs.5,74,079/- including the compounding fees. The petitioner was asked whether he is ready and willing to compound the offence or not. However, no reply is filed by the petitioner and till today, no order is passed against the petitioner by the respondent authority. It is further submitted that the respondent authority has not lodged any FIR for the alleged offence committed by the petitioner under the provisions of the Gujarat Mineral (Prevention of Illegal Mining, Storage and Transportation) Rules, 2017 (hereinafter referred to as "the Rules of 2017" for short), nor the vehicle in question is released. Learned advocate for the petitioner, thereafter, referred Rule 12 of the Rules of 2017 and submitted that the respondent authority has not followed the procedure prescribed in the said Rules and, therefore, appropriate direction be issued to the respondent authority to release the vehicle in question.