HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE FARJAND ALI, J
KHIYA RAM DUDI – Appellant
Versus
STATE OF RAJASTHAN – Respondent
Order :
1. A Dumper bearing No.RJ-19-GG-0517 was allegedly found stealthily quarried/mined sand. Allegation also is that it was un-authorizedly quarried/mined without any valid permission of sanction from the competent authority. The said offending vehicle is sought to be released on Superdari through instant petition.
2. Learned counsel for the parties are in agreement that the controversy involved in the present case is squarely covered by the judgment passed by the Coordinate Bench of this Court is similar circumstance in the case of Kishore Singh Vs. State of Rajasthan : (2021) 0 Supreme (Raj.) 139 The Coordinate Bench opined thus:-
“25. This Court, on a careful examination of the precedent laws in an intricate manner, finds that the precedent laws of Sunderbhai Ambalal Desai & Ors. Vs. State of Gujarat (supra) and Adhikshak Rashtriya Chambal Abhyaran Vs. Narottam Singh (supra), as laid down by the Hon’ble Supreme Court, shall govern the field, and thus, the vehicles seized under the mining law and the forest law, shall be released, upon charging the compensation/compounding fee or without charging the compensation/compounding fee, only and only, if the confiscation proceedings
Vehicles seized under mining laws may be released if no confiscation proceedings are initiated, contingent upon conditions including bank guarantees.
Vehicles seized under mining laws can only be released if no confiscation proceedings are pending, with conditions including bank guarantees for compensation fees.
Vehicles seized under mining laws may be released only if no confiscation proceedings are initiated, with conditions for bank guarantees for potential fees.
Vehicles seized under mining laws may be released if no confiscation proceedings are pending, subject to conditions including bank guarantees for potential fees.
Vehicles seized under mining laws may be released if no confiscation proceedings are initiated, contingent upon a bank guarantee for potential fees.
The court established that vehicles seized for illegal mining can be released upon verification of confiscation proceedings and payment of penalties, ensuring compliance with mining laws.
The court established that vehicles seized for illegal mining can be released only if no confiscation proceedings are pending, ensuring compliance with mining laws.
The court established that vehicles seized under mining law can only be released if no confiscation proceedings are pending.
Section 21 further provides that whenever any person raises, transports or causes to be raised or transported, without any lawful authority, any mineral from any land, and, for that purpose, uses any....
once the confiscation proceedings are initiated, the possession, delivery, disposal or distribution of the property cannot be made
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