AKHAND PRATAP SINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) Heard on the question of admission.

(2.) The petitioner has filed this petition being aggrieved by order dated 3.6.2016, whereby penalty to the tune of 10 times the value of the mineral has been imposed upon the petitioner for illegal extraction and transportation of minerals under the provisions of rule 53(1) of the M.P. Minor Mineral Rules, 1996 (hereinafter referred to as 'the Rules of 1996').

(3.) It is submitted by the learned counsel for the petitioner that in view of the orders passed by the Division Bench of this Court in Navin Dubey v. State of M.P. (Writ Appeal No.98/2013) decided on 3.7.2013 and Dala Stone Crusher Lauwa v. State of M.P. and another, (Writ Petition No.7677/ 2016) decided on 11.5.2016, the impugned order deserves to be quashed as this Court in the aforesaid decisions has held that the Collector has no power to impose penalty to the tune of 10 times the value of the mineral seized as that power is reserved to be exercised by the Magistrate concerned. It is submitted that the aforesaid penalty can be imposed only in case where the offender concerned seeks to get the offence compounded which is not the case in the present petition. It is submitted that in the circumstances as the case of the petitioner is identical, similar orders be passed.