Hem Singh Mavai vs The State Of M.P.
2022 Latest Caselaw 6084 MP

                                      1
              IN THE HIGH COURT OF MADHYA PRADESH
                           AT GWALIOR
                                 BEFORE
                    HON'BLE SHRI JUSTICE ROHIT ARYA
                                    &
               HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE
                            ON THE 25th OF APRIL, 2022

                      WRIT PETITION No. 4730 of 2022

         Between:-
         HEM SINGH MAVAI S/O SHRI DATARAM SINGH
         MAVAI, AGED ABOUT 37 YEARS, OCCUPATION:
         BUSINESS, R/O ANAND     NAGAR   COLONY,
         GWALIOR (M.P.).

                                                                     .....PETITIONER
         (SHRI ANKUR TIWARI, ADVOCATE FOR THE PETITIONER)

         AND

1.       STATE OF MADHYA PRADESH THROUGH ITS
         PRINCIPAL SECRETARY, DEPARTMENT OF MINES
         AND MINERALS, VALLABH BHAWAN, BHOPAL
         (M.P.).

2.       THE COLLECTOR, DISTRICT GWALIOR (M.P.)

3.       SUPERINTENDENT          OF       POLICE,    DISTRICT
         GWALIOR (M.P.)

4.       THE DISTRICT MINING              OFFICER,   GWALIOR
         DISTRICT GWALIOR (M.P.)

5.       STATION HOUSE OFFICER, POLICE STATION
         GHATIGAON, DISTRICT GWALIOR (M.P.).

                                                                  .....RESPONDENTS
         (SHRI M.P.S.RAGHUVANSHI, ADDITIONAL ADVOCATE GENERAL
         FOR THE RESPONDENTS/STATE )
                                      ORDER

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while adhering to the provisions of Rule 53 (2) and (3) of M.P. Minor Mineral Rules, 1996 after the same has been repealed by the Rules known as M.P. Sand (Mining, Transportation, Storage and Trading) Rules, 2019 (`2019 Sand Rules' for brevity).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

SANJEEV
KUMAR PHANSE
2022.04.27
11:29:00 +05'30'