The present petition has been filed by the petitioner under Articles 14, 19, 21 and 226 of the Constitution of India as well as under the provisions of Gujarat Minerals (Prevention of illegal Mines, Transportation and Storage) Rules, 2005 and under the provisions of the Gujarat Mineral Rules, 1966 and Mines and Mineral (Regulation & Development) Act, 1957 for the following prayers :-
(a) This Hon ble Court may be pleased to admit and allow this petition;
(b) This Hon ble Court may be pleased to issue appropriate writ, order or direction for releasing the vehicle i.e. Truck bearing No.GJ-5 AV-7425 of the ownership of the petitioner, which is seized by the respondent no. 3 on 06.03.13 (detained on 30.01.13) under the provisions of Gujarat Mineral (Prevention of Illegal Mining Storage and Transportation) Rules, 2005, on such terms and conditions as this Hon ble Court may deem thing fit.
(c) This Hon ble Court may be pleased to issue appropriate writ, order or direction, to the respondent no. 3 to pass appropriate order, presented under Rule 18 of Gujarat Mineral (Prevention of Illegal Mining Storage and Transportation) Rules, 2005, within 3 days, for the release of seized vehicle bearing No.GJ-5 AV-7425 of the ownership of the petitioner.
(d) Grant ad-interim relief in terms of (b) above.
(e) Grant such other and further relief as thought fit in the interest of justice.
Heard learned counsel, Ms.Mamrata J. Shah, who appears for Ms.Kruti M. Shah for the petitioner though learned counsel, Ms.Kruti Shah has filed leave note and learned AGP Shri Kashyap Pujara for the respondent nos.1 to 4.
Learned counsel, Ms.Shah has submitted that the vehicle in question bearing Registration No.GJ-21-V-2574, which has been seized under the Rules, 2005, may be released, for which, an application is pending before the respondent no.3. Therefore she submitted that the respondent no.3 may be directed to decide the said application within stipulated time.
Learned AGP Shri Pujara under instruction states that the application of the petitioner for the release of the vehicle which is pending with the department will be decided within 15 days. He has also stated that the said application will be considered by the authorities as per the observations of Hon ble Division Bench in Letters Patent Appeal No.1168/2012 as per order dated 11.10.2012.
In view of the above statement made by learned AGP, the respondent no.3 is hereby directed to decide the application of the petitioner for the release of the vehicle within a period of 15 days from the date of the receipt of this order keeping in mind the observations of the Hon ble Division Bench in Letters Patent Appeal No.1168/2012 dated 11.10.2012, on merits in accordance with law.
With the above observations and directions, the present petition stands disposed accordingly. Direct service is permitted.
(RAJESH H.SHUKLA, J.) Gautam Page 3 of 3