Allowed

Manjit Kumar Rvindra Mishra v. State of Gujarat

Gujarat HC6 Jun 2018SCA/7097/2018

Case brief

AI extract

What is this about?

Special Civil Application filed for writ jurisdiction regarding release of seized vehicles. Court allowed petition based on agreement with counsel, issuing directions for bond execution and compliance with mining rules before releasing the two specific vehicles involved.

What did the court decide?

Petition allowed; rule made absolute; petitioner directed to execute bond and comply with mining rules; authorized officer to release vehicles upon completion of formalities.

Manjit Kumar Rvindra Mishra Vs State of Gujarat — Property and Title | Gujarat HC (2018)

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C/SCA/7097/2018 ORDER

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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R/SPECIAL CIVIL APPLICATION NO. 7097 of 2018

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MANJIT KUMAR RVINDRA MISHRA

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Versus

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STATE OF GUJARAT

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Appearance:

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MS. KRUTI M SHAH(2428) for the PETITIONER(s) No. 1

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MR. VENUGOPAL PATEL, ASSISTANT GOVERNMENT PLEADER(1) for the RESPONDENT(s) No. 1,2,3

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CORAM: HONOURABLE MR.JUSTICE BIREN VAISHNAV

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Date : 06/06/2018

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ORAL ORDER

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1 With the consent of the learned advocates

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appearing for the respective parties, the present
application is taken up for final disposal today.

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2 Rule. Dr.Venugopal Patel, learned Assistant

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Government Pleader, waives service of notice of rule
on behalf of the respondents.

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3 This petition under Article 226 of the

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Constitution of India is filed for the purpose of
seeking the following reliefs:

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“(a) This Hon’ble Court may be pleased to admit and allow this petition;

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Page 1 of 5

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C/SCA/7097/2018 ORDER

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(b) This Hon’ble Court may be pleased to issue appropriate writ, order or direction for quashing and setting aside the order dated 12.04.2018 passed by the Geologist, Chhotaudepur,

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(c) This Hon’ble Court may be pleased to issue appropriate writ, order or direction to the respondents to immediately release the vehicles bearing Truck No. MH-43-BG-4274 & MH-43-BG-4276;

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(d) This Hon’ble Court may be pleased to issue appropriate writ, order or direction for quashing and setting aside the action of the respondent no.3 to illegally seize the vehicles bearing Truck No. MH-43-BG-4274 & MH-43-BG-4276;

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(e) Pending admission, final hearing and disposal of this petition, direct the respondent no.2 and 3 to immediately release the vehicles bearing Truck No. MH-43-BG-4274 & MH-43-BG-4276 on such terms and conditions as this Hon’ble Court may deem fit;

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(f) Grant such other and further relief as thought fit in the interest of justice.”

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4Learned counsel Ms. Kruti Shah, has raised a

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sole contention that the seven vehicles were seized
and out of those seven vehicles, five vehicles have

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been released by the orders of this Court, only two
vehicles are involved in the present petition, and
therefore, she prays for similar treatment in
accordance with the orders passed in Special Civil
Application No. 4386 of 2018, which was disposed of
by an order dated 10.05.2018.

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Page 2 of 5

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C/SCA/7097/2018 ORDER

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5In view of the agreement arrived at by the
counsels for the respective parties, the directions
that have been issued by this Court in Special Civil
Application No. 4386 of 2018 shall govern the
remaining two vehicles of the present petition.
However, for the sake of brevity, the directions so
issued in Special Civil Application No. 4386 of 2018
which shall govern the present petition are
reproduced as here under:

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(1)The petitioner shall execute proper amount of

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bond which the concerned authority requires as per
the Rules, within a period of one week from today.

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(2)The petitioner shall not use the vehicles in
question in any illegal activity or activity of
commission of crime, in future.

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(3)The petitioner shall carry out all his business
of transport strictly in accordance with law with the
parameters of the Gujarat Mineral (Prevention of
Illegal Mining, Transportation and Storage) Rules,
2005, amended from time to time and also in

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Page 3 of 5

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C/SCA/7097/2018 ORDER

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accordance with the Gujarat Minor Mineral Concession
Rules,2010.

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(4)The petitioner shall not sale, transfer or

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alienate the vehicles in any manner, pending the
confiscation proceedings and shall produce the
vehicles before the authorized officer, as and when
call upon to produce the same for the purpose of
further proceedings in the matter.

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(5)The petitioner is also directed to file an
undertaking on oath to abide by the above terms
before the authorized officer and upon such

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completion of formality by the petitioner, the
authorized officer shall immediately release the
vehicles and handover the same to the petitioner.

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(6)Thisorderispasseduponspecific

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representation of learned advocate for the petitioner
that in identical situation the co-ordinate Bench has

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consider the case on similar line. However, if any

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deviation is found, it would be open for learned AGP,
Dr. Venugopal Patel, to move the Court. With these

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Page 4 of 5

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C/SCA/7097/2018 ORDER

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observations, the petition stands allowed to the
aforesaid extent. Rule is made absolute to the
aforesaid extent. Direct service is permitted today.

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(BIREN VAISHNAV, J)

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Bimal

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Page 5 of 5

Manjit Kumar Rvindra Mishra v. State of Gujarat

Case brief

What is this about?

What did the court decide?

Manjit Kumar Rvindra Mishra v. State of Gujarat

Case brief

What is this about?

What did the court decide?

What the court decided

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