Take notes as you read a judgment using our Virtual Legal Assistant and get email alerts whenever a new judgment matches your query (Query Alert Service). Try out our Premium Member services -- Free for one month.\n\nMadhya Pradesh High Court\nManish Rishiswar vs The State Of Madhya Pradesh on 3 September, 2021Author: Sheel Nagu\n                                  1                      WP.4686.2019\n\n                 The High Court of Madhya Pradesh\n                          WP.4686.2019\n\n            [Manish Rishiswar Vs. State of M.P. & Ors.]\n\nGwalior dated 03.09.2021\n\n      Shri Suraj Pratap Singh Kushwah, learned counsel for petitioner.\n\n      Shri Ankur Mody, learned Additional Advocate General for\n\nrespondent/State.\n1.    This petition as PIL has been filed raising the public cause that\n\nwithout authority of law the mining officers under the Collector, Bhind\n\n(M.P.) are releasing the vehicles which were seized owing to their\n\ninvolvement in mining offence u/S.53 of M.P. Minor Mineral Rules,\n\n1996 ["1996 Rules" for brevity]. In this background, the prayer sought\n\nis as follows:\n\n       "It is, therefore, prayed that this Hon'ble Court may kindly be\n       pleased to allow the petition and prayed that this Hon'ble\n       Court may kindly be pleased to direct to respondent No.2 to\n       inquired in to the matter with respect of misappropriation of\n       State loss and fund and initiate criminal action against the\n       respondent No.4 and 5 for their criminal action, in the\n       interest of justice."\n\n2.    Learned counsel for the rival parties are heard.\n\n3.    The State in its reply filed on 15.07.2019 submitted that show-\n\ncause notices have been issued against the private respondents on\n\n22.02.2019 to which the private respondents have submitted their reply\n\nwhich are under consideration. In this factual scenario, the State\n\nsought dismissal of the petition on the ground that suitable action in\n\nlaw has been initiated against private respondents.\n\n3.1   Thereafter, this Court by order dated 05.08.2019 was dissatisfied\n                                     2                      WP.4686.2019\n\nwith the reply which led to filing of additional reply by the State on\n\n05.10.2019 justifying release of vehicles involving in mining offence\n\nby relying upon enabling provision u/R.53 of 1996 Rules which\n\nempowered the Collector to compound the mining offence.\n\n3.2      Thereafter, this Court gauging the gravity of situation where the\n\nCollector despite having concurrent powers of imposing penalty\n\nand/or confiscating the vehicle found involved in mining offence, was\n\nnot exercising the power of confiscation leading to a situation that the\n\nvehicles     involved   in   mining     offence   after   paying   nominal\n\ncompounding fee were being released to be again available for\n\ncommitting similar kind of offences.\n\n3.3      This impelled this Court to pass an interim order on 29.11.2019\n\nby relying upon the Special Bench decision in the case of "Rajkumar\n\nSahu Vs. State of M.P. and Others [2019 (2) M.P.L.J. 438]" which\n\ninter alia lays down that even after payment of penalty under the\n\nprovisions of Rule 53 of 1996 Rules the Competent Authority still is\n\nvested with the power to confiscate the vehicle in question. The said\n\ninterim order was passed on 29.11.2019 by directing the State to reveal\n\nthe number of cases in which course of imposition of penalty and\n\nreleasing the vehicle on one hand and imposition of penalty and as\n\nwell as forfeiture on the other was adopted. This Court also observed\n\nin this interim order that if the power of confiscation was not exercised\n\nit would prima facie demonstrate mala fide on the part of the\n\ncompetent authority. However, this issue was directed to be taken up\n\nlater.\n                                     3                      WP.4686.2019\n\n3.4   Thereafter, the State filed a compliance report on 25.01.2020\n\naccompanied by tabular illustration of various vehicles of different\n\ndescription involved in illegal extraction/transportation of minor\n\nmineral pertaining to the year 2017-18, 2018-19 and 2019-20. Except\n\nin one case pertaining to the vehicle JCB machine bearing registration\n\nnumber UP75-M-8280, the power of confiscation was exercised but in\n\nregard to all the other more than 1000 vehicles penalty was imposed\n\nand the vehicle was released without exercising the power of\n\nconfiscation.\n\n4.    This Court need not dwell upon this issue of making an enquiry\n\nand taking criminal action against the erring officials or the private\n\nrespondents but deems it appropriate in the larger public interest to\n\nissue certain directions with the object of curbing the rampant,\n\nindiscriminate mining and transportation of minor mineral in nine\n\ndistricts falling within the territorial jurisdiction of this Bench:\n\n       "1.      The power of Competent Authority u/R.53 of 1996\n\n       Rules is a concurrent power which makes available the mode\n\n       of penalty or/and the mode of confiscation of the vehicle.\n\n       2.       Discretion is available to the Competent Authority to\n\n       decide on the facts and circumstances attending a particular\n\n       case of mining offence as to whether public interest would be\n\n       served in imposing penalty alone and releasing the vehicle or\n\n       in imposing penalty and as well confiscating the vehicle.\n\n       While exercising this discretion, the Competent Authority\n\n       should record reasons for adopting one of the two available\n                                                                          4                     WP.4686.2019\n\n                                             modes and also for not adopting the other.\n\n                                             3.       The M.P. Sand [Mining, Transportation, Storage and\n\n                                             Trading] Rules, 2019 ["2019 Sand Rules" for brevity] which\n\n                                             have now come into force with effect from 30.08.2019 lay\n\n                                             down complete code for dealing with cases of mining\n\n                                             offences of illegal quarrying, transportation and storage of\n\n                                             sand. Thus, the provisions of said 2019 Sand Rules would\n\n                                             alone apply with effect from 30.08.2019 for dealing with the\n\n                                             mining offences qua minor mineral of sand and not 1996\n\n                                             Rules.\n\n                                             4.       However, for all other minor minerals except sand the\n\n                                             provisions of 1996 Rules would continue to apply\n\n                                             notwithstanding the 2019 Sand Rules.\n\n                                       5.    With the aforesaid directions, the present petition stands\n\n                                       disposed of.\n\n                                       6.    Registry is directed to communicate this order to the Collectors\n\n                                       of all nine districts falling within the territorial jurisdiction of this\n\n                                       Bench and as well as to the counsel for the State.\n\n                                             No cost.\n\n\n                                             (Sheel Nagu)                    (Deepak Kumar Agarwal)\n                                                Judge                                Judge\n                                              03.09.2021                            03.09.2021\n                          pd\n\n        Digitally signed by PAWAN\n\n\nPAWAN\n        DHARKAR\n        DN: c=IN, o=HIGH COURT OF\n        MADHYA PRADESH BENCH\n        GWALIOR, ou=HIGH COURT OF\n\n\nDHARK\n        MADHYA PRADESH BENCH\n        GWALIOR, postalCode=474011,\n        st=Madhya Pradesh,\n        2.5.4.20=345b3604d572ed9dd1\n\n\n\nAR\n        492fe82dc3b1eef67eff2cb59f3a\n        c97e920ac264de7828,\n        cn=PAWAN DHARKAR\n        Date: 2021.09.05 10:23:55\n        +05'30'