KRISHNA PRATAP SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE petitioner has filed this petition under Article 226/227 of the Constitution of India, for quashment of the order dated 6.9.2012 (Annexure-P-5 passed by the Sub-Divisional Officer (Revenue) in revenue case No.10/A-67/2011- 12 whereby under the provision of Rule 18 (5) of M.P. Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules 2006 (hereinafter in short 'the Rules 2006'), on account of storage of alleged sand (mineral) contrary to the Rules and Regulations, the penalty of Rs.1,57,75,000.00 has been imposed on the petitioner. Besides the imposition of penalty and direction of it's recovery, the Deputy Director and authorized Officer of Mining Department/Tahsildar Panna, Ajaygarh was directed to make arrangement for auction of the seized sand. Apart this, the prayer to declare the aforesaid order Annexure-P-5, is violative of Article 14 of the Constitution of India, is also made. In addition, the prayer for appropriate direction to the authorities of the respondents to return the seized sand and permit the petitioner to transport the same under transit passes is also made.

(2.) HAVING heard on the question of admission, keeping in view the arguments advanced by the learned Senior Advocate, I have carefully gone through the papers placed on the record along with the impugned order Annexure-P-5.

(3.) IN view of the aforesaid, the petitioner has alternate Forum to file the statutory appeal against the impugned order, and such Forum could not be ignored, therefore, I am not inclined to entertain this petition filed under Article 226 of the Constitution of India. Consequently, without expressing any opinion on merits or demerits of the matter, the same is hereby dismissed only the aforesaid technical ground of entertainability but by extending a liberty to the petitioner to challenge the impugned order Annexure-P-5 by way of appeal provided under Rule 19 of the aforesaid Rules 2006.