Dharmendra Batham vs The State Of Madhya Pradesh
2021 Latest Caselaw 7132 MP

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          The High Court Of Madhya Pradesh
                           WP-11610-2021
 (DHARMENDRA BATHAM AND ANOTHER Vs THE STATE OF MADHYA PRADESH AND OTHERS)

Gwalior, dated: 08.11.2021
      Shri Ranjeet Dwivedi, learned counsel for the petitioner.

      Shri MPS Raghuwanshi, learned Additional Advocate

General, for the respondent/State.

Petitioner has approached this Court taking exception to the

orders dated 17.02.2021 and 18.02.2021.

By impugned orders, the Collector, Gwalior has confiscated

the seized vehicle allegedly used for illegal transportation of sand

and has further ordered for auction of the vehicles.

Shri Ranjeet Dwivedi, learned counsel for the petitioner has

raised a solitary contention of authority and jurisdiction of the

Collector to exercise powers under Rule 53 (3)(b) of Madhya

Pradesh Minor Mineral Rules, 1996 on the premise that the

aforesaid provision has been repealed prior to the issuance of the

impugned order. Hence, the impugned order suffers from vice of

quorum non-judice.

Learned counsel for the petitioner relies upon the judgment

rendered by the Coordinate Bench in batch of Writ Petitions on

03.08.2021 lead case being Writ Petition No.8613/2020 (Rajendra

Singh Vs. State of M.P. & Others) to bolster his submissions.

Shri Raghuwanshi does not dispute the aforesaid legal

provision. However, he points out that this Bench in similar

matter while setting aside the similar impugned order has granted

liberty to the respondents to proceed in accordance with the

provisions contained under the Sand Rules 2019. The reliance is

placed on in order dated 28.10.2021 passed in W.P.

No.16022/2021 (Gajraj Singh Yadav Vs. State of M.P. & Ors.)

In view of the aforesaid factual matrix in hand and settled

legal position, the impugned orders are hereby quashed with

liberty to the respondents to take recourse to the provisions under

the Sand Rules, 2019.

     (Rohit Arya)                        (Deepak Kumar Agarwal)
       Judge                                      Judge



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VALSALA
VASUDEVAN
2021.11.09
10:59:20
+05'30'