ORDER :

1. ‘A bad workman quarrels with his tools’, the saying aptly applies to the stand taken by the State in the instant case to justify omission of its officials for not ensuring compliance to the Statute and the Rules framed thereunder.

2. While allowing certain contractors to transport and supply minor minerals to it, the State-Public Works Department (State-PWD) forgot to ascertain whether the source of such minor minerals was legal or not. The Himachal Pradesh Minor Minerals (Concession) and Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2015 (in short 2015 Rules) were given a go-bye. Having turned a blind eye to the 2015 Rules, the State-PWD now contests the writ petition seeking enforcement of these Rules by contending that there is a lacuna in 2015 Rules inasmuch as under these Rules, source of transported minor minerals could be determined only during transit of minor minerals and not after the minerals reach their destination. The minor minerals now having reached the department/destination, no action penal or otherwise can be taken agains