NARENDRA Vs. STATE OF M.P. & ANR.

JUDGEMENT

(1.) This petition u/Art. 226 of the Constitution assails the order dated 15/2/2019 passed by SDO Dabra (M.P.) vide P/1 issuing notice to petitioner after taking cognizance of the reports submitted by Tehsildar Dabra that on 9/6/2018 at village Belgada tractor- trolley was found involved in unlawful extraction of sand from the banks of river Sindh by digging a pit ad-measuring 5 m./4 m. which led to removal of 58 cubic m. of sand, valued at Rs. 1,16,000/-. By the impugned order, SDO, Dabra has issued notice to the petitioner u/Sec. 247 (7) of the M.P. Land Revenue Code 1959 (for brevity 1959 Code).

(2.) Learned counsel for the rival parties are heard. The principal contention of the learned counsel for petitioner by relying upon decision of the single bench of this court rendered on 24/6/2019 in Writ Petition No.5399/2019 (Shailendra Singh Vishwakarma and another Vs. State of M.P. And others) vide R/6 is that Sec. 247 (7) & (8) of the 1959 Code though empowers the competent authority to seize the unlawfully extracted minerals but is silent in regard to any power of seizure/confiscation of the vehicle/tools used in extraction/transportation of the unlawfully extracted minerals. It is thus, submitted that in the absence of any enabling provision the tractor-trolley belonging to the petitioner could not have been seized. It is submitted that the attempt of the petitioner of filing an application u/S.451/457 Cr.P.C. for obtaining custody of the tractor- trolley before the learned Magistrate has not borne any fruits since the said application was rejected vide Annex. P/3 by holding that the court has no jurisdiction in the matter.

(3.) After having heard learned counsel for the rival parties this court is of the considered view that the present petition deserves to be dismissed for reasons infra.