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2021 Supreme(MP) 18
IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BENCH
Vivek Rusia, J.
Dinesh Kumar Jain – Appellant
Versus
State of M.P. and Ors. – Respondents
W.P. No. 2420 of 2021
Decided On : 04-02-2021
Advocate Appeared:
For the Appellant :Vivek Tankha, Learned Sr. Advocate and Jerry Lopez, Advocate
For the Respondent:Vinita Phaye, Learned Govt. Advocate
The court emphasized the need for proper compliance with legal procedures and court orders, and the requirement for quasi-judicial proceedings to be conducted in accordance with the law.
Headnote:
Illegal Mining - M.P. Land Revenue Code, 1959 - Section 247(7) - 247(7)
Fact of the Case:
The petitioner was found to have illegally extracted minerals outside the granted area, leading to loss of revenue to the state government. Various proceedings and appeals were filed, ultimately leading to the present writ petition before the court.
Finding of the Court:
The court found that the Sub Divisional Officer's quasi-judicial proceedings under Section 247(7) of the M.P. Land Revenue Code, 1959 were not sustainable in the eye of law. The court directed the Collector to conduct the proceedings afresh and dismissed the petitioner's application seeking to keep the proceedings in abeyance.
Issues: Validity of the Sub Divisional Officer's proceedings under Section 247(7) of the M.P. Land Revenue Code, 1959, compliance with court orders, and the petitioner's attempt to avoid penalty.
Ratio Decidendi: The court held that the Sub Divisional Officer's proceedings were not sustainable and directed the Collector to conduct the proceedings afresh. The court also found the petitioner's application to be misconceived and dismissed it.
Final Decision: The petition was dismissed, and the court upheld the impugned order of the Additional Collector.
ORDER :
Vivek Rusia, J.
Heard on the question of admission through VC.
The petitioner has filed the present petition being aggrieved by the interlocutory order dated 18.1.2021 passed by Additional Collector, Ujjain in a pending proceeding initiated under section 247(7) of the M.P. Land Revenue Code, 1959.
Facts of the case, in short, are as under:
1. A quarry lease for mining operations (extraction of Gitti and Murum) was granted to the petitioner over an area of one hectare (Survey No. 993/1) in village Bapaiya, Tahsil Mahidpur, District Ujjain (MP) for a period of ten years commencing 05.08.2010 to 04.08.2020. A complaint was lodged against the petitioner that he was carrying out the extraction of mineral illegally outside the grant area and causing loss of revenue to the state Government to the State. After receipt of the complaint, a Joint Committee was constituted headed by Sub-Divisional Officer and on 29.05.2014, an inspection was carried out and a detailed panchnama was prepared in presence of the Supervisor of the petitioner. During the inspection, they found that crushing machine was established by the petitioner outside the grant of quarry area; four pits of illegal extraction of the minor mineral were found; and after measurement, the Authorities have found that the petitioner has illegally extracted 57,812 cubic meter Murum and 2,56,676 cubic meter Gitti from the area other than the leased out area.
2. Therefore proceedings were initiated against him under Section 247(7) of the Madhya Pradesh Land Revenue Code, 1959 by the same Sub Divisional Officer who headed the inspection team. After issuing show cause notice dated 10.06.2016, the petitioner was directed to appear before the Sub Divisional Officer on 20.06.2014. The petitioner filed a reply on 11.07.2014 and additional replies on 18.07.2014 and 21.08.2014. The statement of witnesses Mining Officer, Ujjain, two Patwaries and Revenue Inspector were recorded and these witnesses were cross-examined by the petitioner's counsel; and thereafter, statement of the petitioner and his witnesses viz Mangilal s/o Tejaji, Thavarlal s/o Ratanji, Shiv s/o Induji and Manoj s/o Rameshchandra Jain were recorded. Thereafter, the Sub Divisional Officer (Revenue), Mahidpur, District Ujjain passed a final order on 19.02.2016 imposing fine upon the petitioner to the tune of Rs. 30,29,25,600/-.
3. An appeal preferred by the petitioner before the Additional Commissioner, Ujjain Division, Ujjain preferred against the above order was dismissed. The second appeal filed by the petitioner before the Board of Revenue, Gwalior was also dismissed on 25.04.2017. The aforesaid orders were challenged by the petitioner by filing Writ Petition No. 3056/2017 before this court, in which interim orders dated 09.05.2017 and 15.03.2015, subject to deposit of 50% of the amount quantified by the Sub Divisional Officer vide order dated 19.02.2016. The petitioner challenged the above interim order by filing Writ Appeal No. 819/2018; and a Division Bench of this Court vide order dated 27.06.2018 modified the order passed by the learned Writ Court and directed the petitioner to deposit 20% of the amount quantified by the Sub Divisional Officer within a period of four weeks from the date of order dated 27.06.2018; and in case, such an amount is deposited by the petitioner, then no coercive action against him shall be taken by the respondents.
4. It is important to mention here that the order passed by the writ court as well as by Division Bench of this Court in an intra court appeal on 27.06.2018 has not been complied with by the petitioner. By that time the writ court has finally allowed the writ petition by remanding the matter back to the additional collector to decide afresh in accordance with the law with an additional direction to deposit 20% of the 20% of the amount quantified by the Sub-Divisional Officer as directed by the Division Bench in writ appeal No 819/2018.
5. Being aggrieved by the order dated 17.7.20
