Madhya Pradesh High Court
Satish Jeevthani vs The State Of Madhya Pradesh on 14 August, 2025
Author: Atul Sreedharan
Bench: Atul Sreedharan
1 WP-3601-2021
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
WP No. 3601 of 2021
(M.P. BRICKS COMPANY Vs THE STATE OF MADHYA PRADESH AND OTHERS ) WP/3989/2021, WP/7540/2022, WP/8852/2022, WP/11326/2022, WP/12994/2022, WP/13031/2022 Dated : 14-08-2025 Parties through their counsel.
All these cases involve a common question and that is whether dead rent can be levied on the petitioners from the date of the contract or from the date on which the mine has been handed over by the Collector to the lessee. In this regard, the question is whether the Collector while hearing and deciding the appeals of the lessee is to examine whether the provision of Section 247(5) of M.P. Land Revenue Code, 1959 and Rule 29 of M.P. Minor Mineral Rules, 1996 that enables the Government to levy dead rent on the land given to the lessee for mining.
The issue only relates to whether the Collector while entertaining and hearing the appeals must consider the mandatory provision under Section 247(5) of M.P. Land Revenue Code, 1959, whereby the lessee can only enter the land for mining upon the sanction granted by the Collector or in other words, whether order of Collector is required to be given to the lessee in order for him to enter the land and commence mining and whether dead rent should be imposed from the date on which the contract is entered into or from the date when the Collector issues an order under Section 247(5) of Land Revenue Code handing over the land to the lessee for the purpose of Signature Not Verified Signed by: DEEPA MISHRA Signing time: 19-08-2025 11:42:16 2 WP-3601-2021 mining.
Learned counsel for the State has sought time to seek instructions on this issue.
Under the circumstances, list on 28.08.2025 along with W.P. No.22343/2022 at top of the list.
Till the next date of hearing, no coercive action to be taken against the petitioners.
(ATUL SREEDHARAN) (PRADEEP MITTAL)
JUDGE JUDGE
mrs. mishra
Signature Not Verified
Signed by: DEEPA MISHRA
Signing time: 19-08-2025
11:42:16