Remanded

Bharatbhai Boghabhai Dasa v. State of Gujarat

Gujarat HC23 Aug 2019SCA/10209/2019

Case brief

AI extract

What is this about?

Petitioner challenged notice to release a detained truck under Article 226. Court held that decision was made without considering petitioner's explanation for delay. Matter remanded to Geologist, Morbi for reconsideration after giving hearing opportunity. Petition allowed to this extent.

What did the court decide?

Petition allowed to extent of remand to Geologist, Morbi to reconsider order after giving opportunity of hearing. Rule made absolute with no order as to costs.

Bharatbhai Boghabhai Dasa Vs State of Gujarat — Writ and Judicial Review | Gujarat HC (2019)

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C/SCA/10209/2019 ORDER

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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R/SPECIAL CIVIL APPLICATION NO. 10209 of 2019

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============================================= BHARATBHAI BOGHABHAI DASA

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Versus STATE OF GUJARAT

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============================================= Appearance: MS. KRUTI M SHAH(2428) for the Petitioner(s) No. 1 DS AFF.NOT FILED (R)(71) for the Respondent(s) No. 2 MR. ROHAN SHAH, AGP for the Respondent(s) No. 1

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=============================================

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CORAM: HONOURABLE MR.JUSTICE A.Y. KOGJE

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Date : 23/08/2019

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ORAL ORDER

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This petition is filed under Article-226 of the Constitution of India for setting aside the notice dated 15-05-2019 to release the motor vehicle i.e. Truck No.GJ-11-Z-9354. Pending the petition, it appears that the order dated 11-06-2019 is passed. Copy of the order is produced by learned AGP on record.

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Learned Advocate for the petitioner submitted that the petition can be disposed of on a limited ground as it is not case of the Department, why the petitioner was transporting ordinary sand in the vehicle in question without valid royalty pass. However, on account of the period on which the vehicle came to be detained, the reason given by the petitioner for such delay was not considered.

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Learned AGP submitted that proper explanation could have been given by the petitioner for explaining delay as to why vehicle reached the destination within stipulated period, to which it was orally informed that on account of break down of

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Page 1 of 2

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C/SCA/10209/2019 ORDER

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the vehicle, the vehicle was not to reach the destination within stipulated period.

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As the decision is already taken in absence of any explanation, without entering into the merits of the case, it would be appropriate to remand the matter back to the Geologist, Morbi to reconsider the order dated 11-06-2019, which shall be decided within a period of three weeks from the date of receipt of the order of this Court, after giving an opportunity of hearing to the petitioner to furnish whatever explanation available with documentary evidence to substantiate the delay in reaching the destination.

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With the aforesaid, the petition stands allowed to the aforesaid extent. Rule is made absolute with no order as to costs.

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Direct service is permitted.

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(A.Y. KOGJE, J)

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PARESH SOMPURA

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Bharatbhai Boghabhai Dasa v. State of Gujarat

Case brief

What is this about?

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Bharatbhai Boghabhai Dasa v. State of Gujarat

Case brief

What is this about?

What did the court decide?

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