ORDER

Nagu, J. -- 1. In each of these writ petitions, challenge is to the order of Collector of the concerned district confiscating the vehicle in question seized for commission of mining offence of illegal transportation of sand after issuance of show-cause notice culminating into the order of confiscation.

2. Though against the order of confiscation, remedy of statutory appeal is available but since pure question of law is raised in all these petitions, these matters are heard analogously and are being finally decided by this common order.

3. Undisputed facts attending all the connected cases are that the vehicle in question was seized followed by registration of mining offence of illegal transportation of sand. The seizure was closely followed by issuance of showcause notice to the respective petitioners. Some of the petitioners submitted their reply, while some did not. The Competent Authority thereafter passed the order of confiscation of the vehicle in question by invoking powers u/R.53 of M.P. Minor Mineral Rules, 1996 [“1996 Rules” for brevity].

4. The legal question raised in all these petitions is as follows :

“Whether the provision of rule 53 of 1996 Rules can be invoked to confiscate a vehicle involved in illegal transportation of sand, in the face of the 1996 Rules, so far as they concern the minor mineral of sand, having been repealed by the coming into effect of the M.P. Sand [Mining, Transportation, Storage and Trading] Rules, 2019 [“2019 Sand Rules” for brevity] with effect from 30.8.2019 and in these 2019 Sand Rules there being no enabling provision for confiscating vehicle involved in illegal transportation of sand ?

5. Learned counsel for the rival parties are heard through video conferencing.

6. Shri Sameer K. Shrivastava, learned counsel, leading the arguments on behalf of petitioners in all these petitions [with the consent of all other counsel for petitioners], tracing the historical background of 2019 Sand rules submits that these rules are framed by invoking powers conferred in the State Government u/S.15 and Sec.23C r/w Sec.9B of Mines and Minerals (Development and Regulation) Act, 1957 [“MMDR Act” for brevity]. It is urged by Shri Shrivastava that 2019 Sand Rules is a complete Code on the subject of demarcation, declaration and making group of new sand quarries, fixing estimation of available quantity of sand in quarries, fixing upset price, regulating procedure for pre-tendering qua sand quarries, providing for pre-requisites for grant of quarry lease including environmental clearance etc., execution of agreement, commencement of mining operations, cancellation of contract, surrender of group, stipulating disposal of sand on private land, storage of sand, laying down penal provisions to deal with illegal mining, transportation and storage of sand, mode of appropriation of the amount received from tendering of sand quarries, providing for appeal and revision, laying down the mode to deal with cases during transition period and last but not the least the repealing clause. As such Shri Shrivastava, learned counsel, points out that on coming into effect of 2019 Sand Rules [from 30.8.2019], the 1996 rules stand eclipsed in toto as regards all subjects qua minor mineral of sand.

6.1 Before proceeding ahead, Shri Shrivastava, learned counsel, drew attention of this court to various relevant provisions of 1996 Rules and as well as 2019 Sand Rules which are reproduced below for ready reference and convenience:

“Rule 53 of 1996 Rules :

53. (1) Penalty for un-authorised 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, shall be presumed to be a party to the illegal mining/transportation, then the Collector or any officer authorized by him not below the rank of Deputy Collector shall after giving an opportunity of being heard determines that such person ha