Ashok Kumar vs The State Of Madhya Pradesh
2022 Latest Caselaw 15680 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 28th OF NOVEMBER, 2022

                WRIT PETITION No. 19114 of 2022

      BETWEEN:-
      ASHOK KUMAR S/O SH. RATNAKAR, AGED
      ABOUT       50      YEARS, OCCUPATION:
      TRANSPORTER VILLAGE PHOOLPUR DISTRICT
      SIRMOR (HIMACHAL PRADESH)

                                                     .....PETITIONER
      (BY SHRI ANAND PUROHIT - ADVOCATE)

      AND
1.    THE STATE OF MADHYA PRADESH THR.
      PRINCIPAL SECRETARY VALLABH BHAWAN
      BHOPAL M.P. (MADHYA PRADESH)

2.    D I R E C T O R MINES AND     MINERALS
      DEPARTMENT 29-A KHANIJ BHAWAN ARERA
      HILLS BHOPAL (MADHYA PRADESH)

3.    C O L L E C T O R DISTRICT    BHIND BHIND
      (MADHYA PRADESH)

4.    SUPERINTENDENT      OF    POLICE POLICE
      D EPARTM EN T DISTRICT BHIND (MADHYA
      PRADESH)

5.    DISTRICT MINING OFFICER BHIND DISTRICT
      BHIND M.P. BHIND (MADHYA PRADESH)

6.    STATION           HOUSE     OFFICER POLICE
      D E PA R T M E N T POLICE STATION   UMARI
      DISTRICT BHIND (MADHYA PRADESH)

                                                   .....RESPONDENTS
      (BY SHRI ANKUR MODY - LEARNED AAG)

     T h is petition coming on for hearing this day, JUSTICE ROHIT
                                                     2

ARYA passed the following:
                                                     ORDER

Short controversy in this Writ Petition related to jurisdiction of the respondent No.3 to initiate the proceedings of confiscation of the vehicle allegedly used for illegal transportation of sand and minor minerals.

Learned counsel for the petitioner submits that with the advent of new set of rules known as Madhya Pradesh Sand (Mining, Transportation, Storage and Trading) Rules, 2019 and particularly, Rule 20 (2), for want of provision for confiscation of vehicle, the impugned orders for confiscation purportedly passed under Rule 53 (2) (3) of Madhya Pradsesh Gaud Khaniz Niyam, 1996 is

wholly without jurisdiction in the light of the judgment of the coordinate Bench rendered on 03.08.2021 in a batch of Writ Petitions with lead Case W.P.No.8613 of 2020 (Rajendra Singh Vs. State of M.P. and others).

Shri Mody does not dispute about the aforesaid legal position. Consequently, the impugned orders Annexure P/1 and P/2 are hereby quashed. However, liberty is granted to proceed in accordance with the provisions of 2019 Rules (Supra).

    (ROHIT ARYA)                                                  (MILIND RAMESH PHADKE)
       JUDGE                                                               JUDGE
Rks

  RAM KUMAR SHARMA
  2022.11.28 17:23:22
  +05'30'