RAJENDRA SINGH Vs. STATE OF.M.P

JUDGEMENT

(1.) In each of these writ petitions, challenge is to the order of Collector of the concerned district confiscating the vehicle in question seized for commission of mining offence of illegal transportation of sand after issuance of show-cause notice culminating into the order of confiscation.

(2.) Though against the order of confiscation, remedy of statutory appeal is available but since pure question of law is raised in all these petitions, these matters are heard analogously and are being finally decided by this common order.

(3.) Undisputed facts attending all the connected cases are that the vehicle in question was seized followed by registration of mining offence of illegal transportation of sand. The seizure was closely followed by issuance of show-cause notice to the respective petitioners. Some of the petitioners submitted their reply, while some did not. The Competent Authority thereafter passed the order of confiscation of the vehicle in question by invoking powers u/R.53 of M.P. Minor Mineral Rules, 1996 ["1996 Rules" for brevity].