Sher Singh Yadav vs The State Of Madhya Pradesh
2021 Latest Caselaw 8399 MP

                                                                              1                              WP-14742-2021
                                                     The High Court Of Madhya Pradesh
                                                              WP No. 14742 of 2021
                                                      (SHER SINGH YADAV Vs THE STATE OF MADHYA PRADESH AND OTHERS)


     Gwalior, Dated : 07-12-2021
                                               Shri Rishikesh Bohare, learned counsel for the petitioner.

                                               Shri M.P.S. Raghuwanshi, learned Additional Advocate General for
     respondents/State.

Shri Sourav Singh Tomar, learned counsel for the petitioner. Shri Ankur Mody, learned Additional Advocate General for

respondents/State.

In the light of the judgment of the coordinate Bench in a batch of writ petitions, lead case being W.P.No.9971 of 2021 order dated 3rd August, 2021, there is no cavil of doubt that the controversy involved in the writ petition is squarely covered. As a consequence thereof, for want of authority and jurisdiction, the Mining Officer has misdirected himself while adhering to the provisions of Rule 53 (2) and (3) of M.P. Minor Mineral Rules, 1996 after the same has been repealed by the Rules known as M.P. Sand (Mining, Transportation, Storage and Trading) Rules, 2019 (`2019 Sand Rules' for

brevity). Hence, the impugned order suffers from patent illegality and therefore, cannot be sustained in the eyes of law.

Accordingly, the order is quashed and the writ petition is allowed. However, it is considered apposite to observe that the Mining Officer shall be at liberty to proceed against the petitioner under Rule 20 (2) of `2 0 1 9 Sand Rules' in accordance with law and the prayer for release of vehicle shall be considered in accordance with law.

(ROHIT ARYA) (DEEPAK KUMAR AGARWAL) JUDGE JUDGE

(Dubey)

Digitally signed by SUNEEL DUBEY

SUNEEL DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474001, st=Madhya Pradesh, 2.5.4.20=157244b0239a6fd662b29b00a11fc66a 5e160f585aa7a92425f380d476b32818,

DUBEY pseudonym=046B231C591E29491F36ABD156E BF3A713937186, serialNumber=4009CAE962958E019ADDF04E87 EFD5C07FA5D0C38532D550F61B55401A275B8 C, cn=SUNEEL DUBEY Date: 2021.12.06 23:44:48 -08'00'