BACKROUND

Per Sanjay Yadav, J. -- 1. Writ Petition No.4547/2016 is concerned with the challenge to Third Proviso to sub-rule (1) of rule 68 of the Madhya Pradesh Minor Minor Rules, 1996 (hereinafter referred to as 1996 rules') and the consequential relief of direction against the respondents to release the amount of royalty withheld by the respondents. The need to challenge the validity has arisen because the matter involving similar relief filed before the Indore Bench and Gwalior Bench are being dismissed without following the dispensation specified in M/s. Chandrama Construction Company v. M.P. Rajya Krishi Vipran Sangh : Writ Petition No.1361/2009 decided on 22.4.2009, though the same was followed by the Division Bench at the Principal Seat (Jabalpur). This led the Bench hearing the matter to admit the petition on 29.3.2016. An interim relief was granted in similar terms as per the dispensation specified by the Division Bench at the Principal Seat (Jabalpur) in the case of M/s. Trishul Construction v. State of M.P. : Writ Petition No.9834/2015 decided on 26.8.2015, adopting the dispensation specified in M/s. Chandrama Construction Company (supra). It was also directed by t