DEVILAL Vs. MINERAL AND GELOGY DEPARTMENT

JUDGEMENT

(1.) Heard on the question of admission.

(2.) Regard being had to the similitude in the controversy involved in the present cases, the petitions are analogously heard and by a common order, they are being disposed of by this Court.

(3.) Learned counsel for both the parties have drew our attention towards para no.2 to 5 of the judgement dated 28.09.2018 passed in WP No.22046/2018. Para nos.2 to 5 reads thus:- "2. By this writ petition under Article 226 of the Constitution of India, the petitioner is challenging the order dated 4.9.2017 passed by the Collector as well as order of Director of Geology and Mining and Government of Madhya Pradesh by which appeal and revision have been dismissed by the learned authorities, on the ground that on 1.9.2017 he has received a show cause notice for fixing the matter for 4 th September, 2017 and on the basis of oral direction made by the authorities, the petitioner deposited a sum of Rs.10,000/- and on the same day order has been passed directing for confiscation of Tractor and Trolley. 3. She submitted that this is first offence of the petitioner and as per Sub-rule (3) of Rule 53 of M.P. Minor Mineral Rules, 1996, in case of first offence, the penalty is 30 times of the royalty of the mineral which the petitioner was transporting illegally without any transit pass and the learned authorities without considering the aforesaid, directed the confiscation of the vehicle. To support the aforesaid, she has drawn our attention to the order dated 18.7.2018 passed in W.P. No.10298 of 2018 (Mulesingh Vs. State of M.P. and others) and submitted that in identical matters, the orders passed by the learned authorities have been set aside with a direction to the Collector to pass fresh order after considering the request of the petitioner for compounding the offence. Order dated 18.7.2018 reads as under:-