RAVI MOHAN TRIVEDI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The petitioner has filed present writ petition under Article 226 of the Constitution of India seeking following reliefs :-

(2.) Brief facts of the case are that the petitioner was granted license by the Licensing Authority vide order dt.4/1/2012 for stocking sand for a period of five years (from 4/1/2012 to 3/1/2017) on the land situate on survey no.435, 1218,1742 and 1665 of village Barahi, Tehsil and District Bind. After the inspection of sand storage of the petitioner on 13/7/2013, a show cause notice was issued to him by the Mining Department on 16/7/2013, reply of which was submitted on 19/7/2013. An offence under Rule 18 of the Madhya Pradesh Minerals (Prevention of illegal Mining Transportation and Storage) Rules, 2006 (hereinafter shall be referred to as the Rules of 2006) was registered against the petitioner and an order for compounding the offence was passed by the Collector District Bhind on 8/8/2013, which was challenged by the petitioner before Commissioner Chambal Division by filing appeal and the same was decided vide order dt.21/1/2014.

(3.) Thereafter, petitioner submitted an application under Sec. 457 of Cr.P.C. on 13/3/2014 before the Magistrate for custody of sand. Trial Court vide order dt.2/4/2014 passed in Cr.Case No.1792/2013 directed respondents Collector District Bhind and Mining Officer District Bhind for handing over custody of 01,94,516 cubic meter sand to the petitioner.