Paramal Singh vs The State Of Madhya Pradesh
2021 Latest Caselaw 8743 MP

                                           1                              WP-27447-2021
              The High Court Of Madhya Pradesh
                       WP No. 27447 of 2021
                     (PARAMAL SINGH Vs THE STATE OF MADHYA PRADESH AND OTHERS)


Gwalior, Dated : 13-12-2021
           Shri R.B.S. Tomar, learned counsel for the petitioner.

           Shri Ankur Mody, learned Additional Advocate General for the
respondents/State.

In the light of the judgment of the coordinate Bench in the batch of writ

petitions, lead case being W.P.No.9971 of 2021 order dated 3 rd 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while adhering to the provisions of Rule 53 (2) and (3) of M.P. Minor Mineral Rules, 1996 after the same has been repealed by the Rules known as M.P. Sand (Mining, Transportation, Storage and Trading) Rules, 2019 (`2019 Sand Rules' for brevity).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 `2019 Sand Rules' in accordance with law and the prayer for release of vehicle shall be considered in accordance with law.

Certified copy as per rules.

       (ROHIT ARYA)                                    (DEEPAK KUMAR AGARWAL)
          JUDGE                                                 JUDGE

bj/-

        BARKHA
        SHARMA
        2021.12.14
        12:27:38
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