Arun Kumar Sharma vs The State Of Madhya Pradesh
2022 Latest Caselaw 3729 MP

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                             The High Court Of Madhya Pradesh
                                       WP No. 5623 of 2022
                               (ARUN KUMAR SHARMA Vs THE STATE OF MADHYA PRADESH AND OTHERS)

Gwalior, Dated : 15-03-2022
      Shri Rameshwar Rawat, learned counsel for the petitioners.

      Shri Deepak Khot, learned Government Advocate for the respondents/State.

Petitioner is before this Court taking exception to the impugned order dated 15/06/2021 (Annexure P/1) passed by the Collector, District Datia (M.P.). By the impugned order a tractor trolley bearing registration No.MP32-AA-3097 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 b een 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 Deepak Khot, learned Government Advocate for the State does not

dispute about the legal position as aforesaid.

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

  (ROHIT ARYA)                                                         (MILIND RAMESH PHADKE)
     JUDGE                                                                      JUDGE

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                             YOGESH
                             VERMA
                             2022.03.16
          VALSALA
          VASUDEVAN
          2018.10.26
          15:14:29 -07'00'   11:53:13
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