Gajraj Singh Yadav vs The State Of Madhya Pradesh
2021 Latest Caselaw 7002 MP

                                     1                              WP-16022-2021
          The High Court Of Madhya Pradesh
                     WP-16022-2021
            (GAJRAJ SINGH YADAV Vs THE STATE OF MADHYA PRADESH AND OTHERS)


Gwalior, Dated : 28-10-2021
        Shri Rajmani Bansal, learned counsel for the petitioner.

        Shri M.P.S.Raghuwanshi, 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 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while adhering to the provisions of Rule 53 (2) and (3) of M.P. Minor Mineral Rules, 1996 after the same has been repealed by the Rules known as M.P. Sand (Mining, Transportation, Storage and Trading) Rules, 2019 (`2019 Sand Rules' for brevity).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 `2019 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

ms/-




  MADHU
  SOODAN
  PRASAD
  2021.10.29
  13:43:18 +05'00'