Gupta, C.J.--1. The present Writ Petition No.7798/2017 was earlier referred to Larger Bench vide order dated 16.8.2017 whereby a Division Bench of this Court prima facie found that the view taken by the Full Bench of this Court in Writ Petition No. 4547/2016 (M/s Phaloudi Constructions and Infrastructure Pvt. Ltd. v. State of Madhya Pradesh) 2016 (2) RN 54 (FB) and other connected matters decided on 10.5.2016 requires reconsideration. Thus, following two questions were referred for consideration to the Larger Bench :

(i) Whether the purchase of minor minerals from open market in terms of 3rd proviso to rule 68(1) excludes the obtaining of “No Mining Dues” certificate from Mining Department as the open market may include illegally extracted minor minerals as well?

(ii) Whether the judgment in Phaloudi Constructions and Infrastructure Pvt. Ltd. lays down good law, in view of the fact that the amendment carried out in rules on 23rd March, 2013 and later on 2.7.2013 was not brought to the notice of the Bench, when the rule 68(1) was substituted?

2. Later, a Full Bench of three Judges hearing the petition found that the second question does not arise for consideration, but, fin