Ravi Meena vs The State Of Madhya Pradesh
2022 Latest Caselaw 258 MP

                                                                                   1                              WP-25492-2021
                                                         The High Court Of Madhya Pradesh
                                                                  WP No. 25492 of 2021
                                                         (RAVI MEENA AND OTHERS Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                                        Gwalior, Dated : 05-01-2022
                                                        Shri Vivek Kumar Mishra, learned counsel for the petitioner.

                                                        Shri Ankur Mody, learned Additional Advocate General for
                                      respondent/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while adhering to the provisions of Rule 53 (2) and (3) of M.P. Minor Mineral Rules, 1996 after the same has been repealed by the Rules known as M.P. Sand (Mining, Transportation, Storage and Trading) Rules, 2019 (`2019 Sand Rules' for brevity).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)                                 (SATISH KUMAR SHARMA)
                                                        JUDGE                                              JUDGE

                                      pd

PAWAN    Digitally signed by PAWAN DHARKAR
         DN: c=IN, o=HIGH COURT OF MADHYA
         PRADESH BENCH GWALIOR, ou=HIGH COURT
         OF MADHYA PRADESH BENCH GWALIOR,



DHARKA

postalCode=474001, st=Madhya Pradesh, 2.5.4.20=5da1b3ce5c6aee672b1f51a5cff5661c 113046ab7ebb8031c36dcac4472c040a, pseudonym=22FE9CB9F7CF0345E7FFAC9031 E38DF6A29B4C10,

R serialNumber=C72B9531562BC6028F5D6E42E 82477C85878470B30E4A7672CCA523E83C0B CB9, cn=PAWAN DHARKAR Date: 2022.01.05 17:48:19 +05'30'