MAKSOOD Vs. STATE OF HARYANA

JUDGEMENT

(1.) Case was taken up for hearing through Video Conferencing.

(2.) Challenge in the present petition is to the order dated 03.03.2020 (Annexure P.4) passed by the learned Sub Divisional Judicial Magistrate, Indri, District Karnal, whereby an application moved by the petitioner for releasing his tractortrolley, bearing registration No.HR-92-4759 on superdari, was dismissed.

(3.) Learned counsel for the petitioner has contended that the petitioner had been challaned on 17.08.2019 under the State Mining Rules and under Rule 103 read with Rule 104 of the Haryana Minor Mineral Concession Stocking, Transportation of Mineral and Prevention of Illegal Mining Rules, 2012 (for short 'the 2012 Rules') and his vehicle bearing Registration No. HR-92-4759 was seized by the Mining Authorities. It is further contended that as the Mining Authorities did not initiate any action i.e. filing of a complaint or registration of an FIR within the stipulated period of three months as provided under Rule 106 of the 2012 Rules, the petitioner had moved an application for release of his vehicle before the learned Sub Divisional Judicial Magistrate, Indri. However, vide impugned order, the learned Magistrate has dismissed the said application holding therein that he does not have any territorial jurisdiction to entertain the application.