Mukesh Rawat vs The State Of Madhya Pradesh
2023 Latest Caselaw 1990 MP

                                  1
 IN    THE     HIGH COURT OF MADHYA PRADESH
                     AT GWALIOR
                         BEFORE
            HON'BLE SHRI JUSTICE ROHIT ARYA
                            &
      HON'BLE SHRI JUSTICE SATYENDRA KUMAR SINGH
                 ON THE 3 rd OF FEBRUARY, 2023
                 WRIT PETITION No. 19771 of 2022

BETWEEN:-
MUKESH RAWAT S/O SH. RANVEER SINGH, AGED
ABOUT    42  YEARS, OCCUPATION: AGRICULTRIST
RESIDENT OF VILLAGE ITAYAL POST BAROHA DABRA
DISTRICT GWALIOR (MADHYA PRADESH)

                                                         .....PETITIONER
(BY SHRI AKRAM KHAN - ADVOCATE FOR THE PETITIONER)

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

2.    COLLECTOR GWALIOR (MADHYA PRADESH)

3.    SUPERINTENDENT         OF       POLICE GWALIOR
      (MADHYA PRADESH)

4.    DISTRICT MINING OFFICER GWALIOR (MADHYA
      PRADESH)

5.    STATION HOUSE OFFICER POLICE STATION
      DABRA, GWALIOR (MADHYA PRADESH)

                                                       .....RESPONDENTS
(BY SHRI ANKUR MODY - LEARNED ADDITIONAL ADVOCATE GENERAL
FOR THE RESPONDENT-STATE)

      T h is petition coming on for hearing this day, JUSTICE ROHIT
ARYA passed the following:
                                  ORDER

Short controversy in this Writ Petition related to jurisdiction of the respondent No.2 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 order Annexure P/1 is hereby quashed. However, liberty is granted to proceed in accordance with the provisions of 2019 Rules (Supra).

   (ROHIT ARYA)                                  (SATYENDRA KUMAR SINGH)
      JUDGE                                               JUDGE
Prachi


         PRACHI
         MISHRA
         2023.02.04
         11:35:27
         +05'30'