Jha, J. -- 1. This petition has been referred to a Larger Bench to reconsider the conclusions recorded by the Full Bench of this Court in the case of Nitesh Rathore and another v. State of M.P. and others, [2018(4) MPLJ 193], in respect of Issue Nos. 5 and 6 framed and answered thereunder, which are as follows :

“(5) Whether in terms of sub-rule (2) of rule 53 of the 1996 Rules, which deals with forfeiture of minerals in cases of illegal extraction and transportation and in terms of sub-rule (3)(a) and (b) of rule 53 thereof, which deals with forfeiture/discharge of the seized machines, tools and vehicles, the Competent Authority has a discretion for forfeiture of tools, machines, vehicles and other material so seized, without giving an opportunity to the violator to pay penalty in terms of sub-rule (1) of rule 53 of the 1996 Rules? (6) Whether in view of sub-rule (3)(b) of rule 53 of the 1996 Rules in respect of minerals extracted or transported without any transit pass, forfeiture can be ordered in the first instance though penalty is payable in terms of sub-rule (1) of rule 53 of the said rules?”

2. Having heard the learned counsel for the parties and having per