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2022 Supreme(Jhk) 279

RAJESH SHANKAR
Ganesh Chandra Mahto – Appellant
Versus
State of Jharkhand – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Pratiush Lala, Advocate
For the Respondents: Mr. Rohan Kashyap

JUDGMENT :

The present writ petition has been filed for quashing the order dated 03.03.2021 (Annexure-3 to the writ petition) passed by the respondent no. 3 – the Deputy Commissioner-cum-District Magistrate, Bokaro in Confiscation Case No. 07/2019-20, whereby the respondent no. 3 has directed the respondent no. 4 – the District Mining Officer-cum-Confiscation Officer, Bokaro to confiscate altogether 15 vehicles each loaded with 100 cft sand.

2. Mr. Rohan Kashyap, AC to GP-II appearing on behalf of the respondents, submits that the petitioners have an efficacious remedy of preferring revision under rule 15 of Jharkhand Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2017 (hereinafter referred to as “the Rules, 2017”) against the impugned order dated 03.03.2021 passed by the respondent no. 3.

3. Learned counsel for the petitioners submits that despite there being provision of revision under rule 15 of the Rules, 2017, this Court may entertain the present writ petition directly as the respondent no. 3 vide impugned order has directed for confiscation of altogether 15 vehicles each loaded with 100 cft sand in contravention of law.

4. Learned counsel for the petit

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