MEHBOOBBHAI ISHAKBHAI ALAM Vs. ADDITIONAL GEOLOGIST

JUDGEMENT

(1.) RULE . Learned AGP Mr. Shah waives service of Rule on behalf of the respondents.

(2.) BY way of this petition, the petitioner prayed for, following relief :

(3.) LEARNED advocate Mr. Pahwa for the petitioner states that the petitioner's livelihood depends upon the truck and the petitioner is facing great financial hardship due to seizure of his truck. He also states that without following due procedure, the respondent Authorities seized the truck and therefore, the seizure of vehicle is illegal and unjust. Learned advocate relies upon the decision of this Court rendered in Letters Patent Appeal No.1168 of 2012 dated 11.10.2012 and submitted that in that case, this Court has passed an order to release of the truck on executing a bond and undertaking. He further states that in that case, on 18.6.2012, the petitioner of that case, preferred an application to the respondent Nos.3 and 4, to release the vehicle subject to the terms and conditions which the Authorities may deem fit to impose. In that case, no order was passed by the respondent Authorities on the application preferred by that petitioner. He also states that in this case also, the petitioner preferred application dated 1.11.2012 and no order has yet been passed by the Authorities. He relies on para 18 of the order passed in Letters Patent Appeal No.1168 of 2012, wherein the direction to release the vehicle was issued. He, therefore, states that present case may be considered on the line of that order passed in aforesaid Letters Patent Appeal and the petitioner is ready and willing to comply the direction that may be issued by this Court.