Shri Dinesh vs The State Of Madhya Pradesh
2021 Latest Caselaw 638 MP

       HIGH COURT OF MADHYA PRADESH
1                                                             WP No.5061/2021

                          WP No.5061/2021
                (Dinesh Vs. State of M.P. and Another)
Indore, Dated : 10.3.2021
      Shri Vinay Gandhi, learned counsel for the petitioner.

      Shri     Vivek     Dalal,   learned   Addl.     A.G.     for   the
respondent/State.

With the consent, finally heard.

This Court on 8.3.2021 had recorded the stand of petitioner that in view of the order of Division Benches in WA No.1320/11, WP No.10405/16 and WP No.15/16, without there being any express application being preferred by the petitioner seeking compounding, the Collector had no authority, jurisdiction and competence to impose 20 times penalty. The only course open to the Collector is to refer the matter to the Magistrate.

In view of the aforesaid stand of petitioner, Shri Dalal, learned Addl. A.G. was given time to seek instructions and examine the applicability of said orders of this Court in the present case.

Shri Dalal, learned AAG fairly submits that the only hurdle against the present petitioner is availability of alternative remedy, otherwise his submissions mentioned hereinabove are legal and justifiable.

Since petitioner has assailed the action of Collector on the point of jurisdiction/competence, we are not inclined to relegate the petitioner to avail the alternative remedy. Indeed, in the light of aforesaid judgments we deem it proper to set aside the impugned order dated 2.1.2021 (Annexure P/1) by reserving liberty to the Collector to proceed in accordance with M.P. Minerals (Prevention of illegal Mining, Transportation and Storage) Rules, 2006 and pass afresh order.

We order accordingly.

HIGH COURT OF MADHYA PRADESH

The petition is accordingly disposed of.

It is made clear that this Court has not expressed any opinion on the merits.

C.C. as per rules.

           (Sujoy Paul)                                   (Shailendra Shukla)
              Judge                                             Judge
trilok/-



               Digitally signed by Trilok Singh
               Savner
               Date: 2021.03.10 19:12:11 +05'30'