Vipul M. Pancholi, J.—By a very elaborate order of reference, the learned Single Judge has referred the following questions for consideration of a Division Bench:—

“(i) Whether Section 22 of the MMDR Act of 1957 read with Rule 56 of the Rules of 2019 may be interpreted so as to read a bar on lodging of the FIR alleging commission of offences of theft etc. under the provisions of the Indian Penal Code against a licensee in the matter of excavation of sand from the river beds from an area beyond or contrary to the mining plan and in violation of the Environment Clearance, on the face of Clause (v) under sub-rule(7) of Rule 56 and the judgements of the Hon’ble Supreme Court in Sanjay and Jayant’s case.

(ii) Whether the alleged thieving sale of sand from the stock license point without issuing pre-paid EChallan and thereby causing huge revenue loss to the State Exchequer and unlawful gain to the petitioners may be subjected to an investigation by Police by way of a police case registered for the offences under Sections 379, 411, 406 and 420 IPC?

(iii) Whether the judgments of the learned co-ordinate Benches in the case of Mithilesh Kumar Singh (supra) and M/s Aditya Multicom Pvt. Limited