Hemant Gupta, CJ.

The question of fact and law involved in both these writ petitions being common, they were heard together and are being disposed of by a common order. However, for the sake of convenience, the facts are taken from W.P. No.18818/2017 (Ramkumar Sahu vs. State of Madhya Pradesh & others).

2. The challenge in both the writ petitions is to the Notification issued by the State Government in exercise of powers conferred by Sub-section (1) of Section 15 of the Mines and Minerals (Development and Regulation) Act, 1957 substituting Rule 53 of Madhya Pradesh Minor Mineral Rules, 1996 (for short “the Rules”) published on 18.05.2017 in Madhya Pradesh Gazette. By such amendment, in case of unauthorized extraction and transportation of minor minerals, the penalty is contemplated to be imposed in a graded manner as well as the seizure and confiscation of tools, machines and vehicles used. The substituted provisions read as under:-

"53. (1) Penalty for un-authorized extraction and transportation.-Whenever any person is found extracting or transporting minerals or on whose behalf such extraction or transportation is being made otherwise then in accordance with these rules, shal