Madhya Pradesh High Court
Bakshish Singh vs The State Of Madhya Pradesh on 9 February, 2018
THE HIGH COURT OF MADHYA PRADESH
WP-278-2018
(BAKSHISH SINGH Vs THE STATE OF MADHYA PRADESH)
2
Gwalior, Dated : 09-02-2018
Shri N.K. Gupta, learned senior counsel with Shri Sanjay
Sharma, learned counsel for the petitioner.
Smt. Nidhi Patankar, learned Government Advocate for the
respondents/State.
sh Challenge in this petition is to an order dated 22.12.2017 passed e by District Magistrate, Shivpuri in purported exercise of power under ad Rule 53(1) of Madhya Pradesh Minor Minerals Rules, 1996 (in short Pr "Rules, 1996). The challenge is on the ground that the procedure and the stipulations mandated under such Rule have not been adhered to a hy before passing the order.
It is, however, not disputed by the learned counsel for the ad petitioner that against such order, remedy of appeal is available under M Rule 57 of the Rules, 1996. It is also not disputed that the remedy in respect of legal issue raised in the present petition is available to the of petitioner in an appeal under Rule 57 of the Rules, 1996.
rt In view whereof, we refrain to entertain the petition under ou Article 226 of the Constitution of India and relegate the petitioner to avail the statutory remedy of appeal under Rule 57 of the Rules, 1996. C Petition stands disposed of finally in above terms. h Certified copy as per rules.
ig
H
(SANJAY YADAV) (ASHOK KUMAR JOSHI)
JUDGE JUDGE
Abhi
ABHISHEK CHATURVEDI
2018.02.19 18:20:24
+05'30'