KANHAIYA DHANGAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) There is no reply in the matter nor any affidavit has been filed in response to the order dated 09.01.2019. 1. The petitioner before this court is aggrieved by the order dated 24.07.2015 passed by the Collector under rule 53 (6) of the MP Minor Mineral Rules, 1996. The Collector has imposed a fine of Rs.10,000/- and an order has also been passed regarding confiscation of the Truck and Trolley.

(2.) Learned counsel for the petitioner at the outset has argued before this court that the offence committed by the petitioner was his first offence, and therefore, in light of the Sub-rule 3 of Rule 53 of the MP Minor Mineral Rules, 1996, being first offence, no such order could have been passed by the Collector.

(3.) Learned counsel for both the parties have drew our attention towards para no.2 to 5 of the judgment dated 28.09.2018 passed in WP No.22046/2018. Para nos.2 to 5 reads thus:-