ORDER

The petitioner has filed this petition under Article 226 & 227 of Constitution of India challenging the orders dated 24.03.2006, 01.10.2003, and

02.01.2003.

2. Counsel appearing for petitioner submitted that there is no evidence available on record to show that the petitioner was doing mining from any mine or quarry. Section 247(7) M.P Land Revenue Code will be applicable in case petitioner is doing mining or quarrying work in a quarry or mine. In view of the same, section 247(7) of M.P Land Revenue Code is not attracted. It is also submitted that no soil has been found in the tractor. Petitioner was not doing any mining. Tractor does not belong to the petitioner but to his son namely Lakhan. Under these circumstances, impugned orders be set aside and no penalty can be imposed upon the petitioner.

3. Learned Government Advocate appearing for the respondents/State submitted that applicant was extracting soil from the agricultural field. Soil will fall within the defination of mineral under section 247(7) of M.P Land Revenue Code. Mineral and Minor Mineral is given in Mines and Mineral (Development & Regulation) 1957. As per section 3(e), building stones, gravel, ordinary clay, ordinary sand and sand also fall within the defination of minor mineral. There is report by Surveyor that five trolleys of soil has been found which has been extracted. It is submitted that four labourer have died as there was sinking of the earth. Under these circumstances, no error can be found in the orders of the Collector. Argument that petitioner is not responsible and soil was not found on the spot, order of Collector and appellate court is final in respect of finding of facts.

4. Heard counsel for the parties.

5. Considering the facts and circumstances of the case, no errors can be found in the orders which has been passed by the Collector and appellate authority. This Court will not enter into merits of the facts and will only consider the procedural irregularities, impropriety and illegality in the order. No procedural error or other illegality is found in order.

6. Writ petition is therefore dismissed.

(VISHAL DHAGAT)

JUDGE tarun