PAWAN MEENA Vs. DEPARTMENT OF MINERAL RESOURCE

JUDGEMENT

(1.) In the instant writ petition filed under Article 226 of the Constitution of India, the petitioner is praying for quashing the order dated 28.03.2018 passed by respondent No.2 (Appellate Authority) and order dated 01.01.2018 passed by the Collector, Dewas on the ground that as per Rule 53 of M.P. Minor Mineral Rules, 1996, in case, if petitioner fails to pay compounding fees then only his vehicle would be confiscated.

(2.) Learned counsel for the petitioner has drawn our attention towards order dated 18.07.2018 passed in W.P.No.13090/2018 (Manoj Vishnoi v. State of Madhya Pradesh) and prayed that similar order be passed in the present case. The order dated 18.07.2018 reads as under:

(3.) On due consideration of the aforesaid so also the amended provision of Rule 53 of M.P. Minor Mineral Rules, 1996, we quash the impugned orders dated 28.03.2018 and 01.01.2018 and direct the Collector to pass fresh order after considering the request of petitioner for compounding the offence within a period of thirty days (30 days) from the date of receipt of certified copy of this order.