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SCA/4410/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 4410 of 2010
=========================================================
K
M LOGISTIC A PARTNERSHIP FIRM - Petitioner(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================================
Appearance
:
MR
AY KOGJE
for
Petitioner(s) : 1,
MR. RASHESH RINDANI LEARNED A.G.P for
Respondent(s) : 1,
None for Respondent(s) :
2,
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CORAM
:
HONOURABLE
MR.JUSTICE K.A.PUJ
Date
: 28/04/2010
ORAL
ORDER
The
petitioner has filed this petition under Article 226 of the
Constitution of India, praying for the direction to the respondents
to forthwith release the vehicles in question. The petitioner has
also prayed for the direction to the respondents to exercise their
powers under Rule 14 of the Gujarat Minerals (Prevention of Illegal
Mining, Transportation ans Storage) Rule, 2005 and permit to
compound the offence as offered by the petitioner.
Ms.
Mita Panchal, learned advocate appearing for the petitioner has
submitted that the petitioner is ready and willing to furnish the
requisite bond as per Rule 14 of the Gujarat Minerals (Prevention of
Illegal Mining, Transportation ans Storage) Rule, 2005. For this
purpose the petitioner would make an appropriate application to the
concerned authority, along with bond that may be demanded by the
authority. Ms. Mita Panchal has further submitted that the
petitioner has also made an application for compounding the offence,
alleged against the petitioner. Still no action has been taken.
Having
considered the submission made by the petitioner and the averments
made in the petition, the Court is of the view that the petitioner
is ready and willing to furnish the requisite bond for releasing of
the vehicles. The said request of the petitioner shall be considered
in accordance with law and if the petitioner’s request for
compounding the offence is pending, the same shall also be decided
by the authority as expeditiously as possible, preferably within a
period of 4 weeks, from the date of receipt of the writ of this
Court or certified copy of this order, whichever is earlier, and in
accordance with law.
Subject
to the above observations and directions, this petition stands
disposed of accordingly. Direct service is permitted.
(K.A.
PUJ, J.)
Pankaj
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