Nitesh Singh Gurjar vs The State Of Madhya Pradesh
2022 Latest Caselaw 5412 MP

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                 IN THE HIGH COURT OF MADHYA PRADESH
                              AT GWALIOR
                                WP No. 7631 of 2022
              (NITESH SINGH GURJAR Vs THE STATE OF MADHYA PRADESH AND OTHERS)

Dated : 12-04-2022
        Shri S.P.S.Gurjar, Advocate for the petitioner.

        Shri Vijay Sundaram, Panel Lawyer for the respondents/State.

I n 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while adhering to the provisions of Rule 53 (2) and (3) of M.P. Minor Mineral Rules, 1996 after the same has been repealed by the Rules known as M.P. Sand (Mining, Transportation, Storage and Trading) Rules, 2019 (`2019 Sand Rules' for brevity).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 b e 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)                                        (MILIND RAMESH PHADKE)
      JUDGE                                                     JUDGE

(and)

         ANAND
         SHRIVASTA
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         2022.04.13
         11:39:15
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