Dharmendra Sharma vs The State Of Madhya Pradesh
2022 Latest Caselaw 1827 MP

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              HIGH COURT OF MADHYA PRADESH,
                      BENCH AT GWALIOR
                            WP-25035-2021
          (Dharmendra Sharma & Anr. Vs. State of M.P. & Ors.)



Gwalior, Dated : 09/02/2022

      Heard through Video Conferencing.

      Shri Rameshwar Rawat, learned counsel for the petitioners.

      Shri Ankur Mody, learned Additional Advocate General for the

respondents/State.

Petitioner is before this Court taking exception to the impugned

order dated 17/02/2021 (Annexure P/1) passed by the Collector,

District- Gwalior (M.P.). By the impugned order a trolly is confiscated

alleging use of illegal transportation of sand/mineral without payment

of royalty.

Learned counsel for the petitioners submits that the impugned

order has been passed under Rule 53 of M.P. Minor Mineral Rules,

1996 whereas after coming into force of Rules of Madhya Pradesh

Sand (Mining, Transportation, Storage and Trading) Rules, 2019

particularly Rule 20(2) of the above Rules the power does not vest

with the Collector for confiscation. Learned counsel for the petitioners

relied upon the judgment of the Coordinate Bench of this Court dated

03/08/2021 passed in the batch of writ petitions of similar nature.

Shri Ankur Mody, learned Additional Advocate General for the

State does not dispute about the legal position as aforesaid.

HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR WP-25035-2021 (Dharmendra Sharma & Anr. Vs. State of M.P. & Ors.)

In view of the above facts and circumstances, this petition is

disposed of and the impugned order is set-aside with liberty to the

respondents to proceed against the petitioner under the Sand Rules,

2019, if so advised.

With the aforesaid liberty, this writ petition stands disposed of.

 (ROHIT ARYA)                              (SATISH KUMAR SHARMA)
    JUDGE                                          JUDGE

Digitally signed by RAHUL SINGH PARIHAR

rahul DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474001, st=Madhya Pradesh, 2.5.4.20=eac942476567cd1b39b3da46068403462fdf82ab676d0 cde4dee473fe77953f5, pseudonym=68E0B84BAE73376CD071289B3D9FE728CE00D487 , serialNumber=0275C4F803F94C47998BE5C534E21BDED910FD4 AB9D159B55575E814D05B2EED, cn=RAHUL SINGH PARIHAR Date: 2022.02.10 13:50:02 +05'30'