SANGRAM SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) INITIALLY the petitioner has filed this petition under Article 226 of the Constitution of India, for issuing the appropriate writ in the nature of Mandamus directing the transfer of the Revenue case No. 8-A/67/2011-12/1032 from the Court of respondent no.3 in which the show cause notice dated 27.7.2012 with respect of storing the sand was issued to the Court of Magistrate but after filing the petition on passing the final order dated 6.9.2012 (Annexure-P-6) in the aforesaid case by the respondent no.3 by way of amendment the prayer for quashment of such order whereby under Rule 18 (5) of M.P. Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules 2006 (hereinafter in short 'the Rules 2006'), the penalty of Rs.1,92,50,000.00 has been imposed on the petitioner with a further direction to the Deputy Director and authorized Officer of Mining/Tahsildar Ajaygarh, District Panna to recover the aforesaid imposed penalty and to take steps to auction the seized sand.

(2.) KEEPING in view the arguments advanced by the learned Senior Advocate Shri Rohit Arya assisted by Shri Shobitaditya, I have carefully gone through the papers placed on the record as well as the petition and the impugned order. I am of the considered view that after passing the final order by the respondent no.3, no separation consideration is required on the aforesaid show cause notice (Annexure- P-1), hence such question is not being considered separately in the order.

(3.) IN view of the aforesaid legal position, I am not inclined to entertain this petition contrary to the provision of the statutory appeal hence, without expressing any opinion on merits or demerits of the matter, the petition is hereby dismissed only on the technical ground of entertainability but by extending a liberty to the petitioner to challenge the impugned order Annexure-P-6 by way of statutory appeal before the Divisional Commissioner under Rule 19 of the aforesaid Rules 2006. It is also observed that on filing the appropriate application along with such appeal, the petitioner shall be entitled to get the exclusion of the period in limitation which has been spent by him in prosecuting the present petition.