The present petition has been filed by the petitioner under Article 226 of the Constitution of India as well as under the provisions of Gujarat Minor Minerals Concession Rules, 2010 read with Mines & Minerals (Development & Regulation) Act, 1957 an also under the provisions of Gujarat Minerals (Prevention of illegal Mines, Transportation and Storage) Rules, 2005 for the prayer as prayed for in the petition with regard to the release of the vehicle seized by the respondent no.5.
Heard learned counsel, Shri Satyam Chhaya for the petitioner and learned AGP Shri Rohan Yagnik for the respondent.
Learned counsel, Shri Chhaya has submitted that the Hon ble Division Bench has considered the scheme of Rules and while interpreting this provision has passed an order in Letters Patent Appeal No.1168/2012 in Special Civil Application No.12145/2012 dated 11.10.2012. He therefore submitted that the order has been passed earlier by coordinate bench in another Special Civil Application No.2638/2013 dated 07.03.2013 directing the release of the vehicle and/or deciding the application, which is pending.
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.5 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 2 of 2