Madhya Pradesh High Court
Devendra Singh Raghuvanshi vs The State Of Madhya Pradesh on 7 July, 2021
Equivalent citations: AIRONLINE 2021 MP 980
Author: Sheel Nagu
Bench: Sheel Nagu
1
WP.9484.2021, WP.9491.2021, WP.9517.2021, WP.9541.2021,
WP.9542.2021, WP.9570.2021, WP.9620.2021, WP.9734.2021,
WP.9867.2021
The High Court of Madhya Pradesh
WP.9484.2021
(Hanumant Singh Lodhi Vs. State of M.P. & Ors.)
WP.9491.2021
(Heeralal Ahirwar Vs. State of M.P. & Ors.)
WP.9517.2021
(Abdesh Singh Vs. State of M.P. & Ors.)
WP.9541.2021
(Birendra Singh Vs. State of M.P. & Ors.)
WP.9542.2021
(Shivkumar Raghuvanshi Vs. State of M.P. & Ors.)
WP.9570.2021
(Kamal Singh Vs. State of M.P. & Ors.)
WP.9620.2021
(Sahdev Raghuvanshi Vs. State of M.P. & Ors.)
WP.9734.2021
(Satish Tiwari Vs. State of M.P. & Ors.)
WP.9867.2021
(Devendra Singh Raghuvanshi Vs. State of M.P. & Ors.)
Gwalior, dated 07.07.2021
Shri H.K.Shukla, Shri S.S. Raghuvanshi, Shri S.K. Sharma,
Shri V.K. Jha, learned counsel for the petitioners.
Shri MPS Raghuvanshi, learned Additional Advocate
General for respondent/State.
Heard through video conferencing.
1. In all these petitions, common question of law is involved and therefore after analogous hearing all are being decided by this common order.
2. Pertinently, there may be a slight difference on the factual front but the difference is not very significant and therefore the Court proceeds to decide all these matters together.
3. The common question of law which begs for an answer 2 WP.9484.2021, WP.9491.2021, WP.9517.2021, WP.9541.2021, WP.9542.2021, WP.9570.2021, WP.9620.2021, WP.9734.2021, WP.9867.2021 herein is that, when a vehicle indulging in illegal transportation of minor mineral including sand is seized leading to registration of a mining offence and offence under the IPC of theft but is released after payment of penalty in terms of Rule 54 of M.P. Minor Mineral Rules, can the said vehicle be requisitioned, seized and confiscated solely on the ground that by an interim order dated 18.09.2020 passed in PIL bearing No.WP.7695/2015 co-ordinate bench of this Court directed the competent authority to exercise not only the power of imposing penalty but also the power of confiscation which is available concurrently.
4. Without entering into prolixity of details of contents of impugned orders passed in individual cases, this Court deems it appropriate to concentrate on the principle of law and therefore would mention only those facts which are essential for answering the legal question.
5. The common thread of factual matrix which runs through all the connected cases is that the vehicles in question were found indulging in illegal transportation of sand/other minor mineral. Thereafter, the said vehicles along with the illegally transported minor mineral were seized and mining offence was registered along with registration of FIR alleging offence of theft punishable u/S.379 IPC against each of the petitioners. Thereafter, the competent authority i.e. Collector of the concerned district 3 WP.9484.2021, WP.9491.2021, WP.9517.2021, WP.9541.2021, WP.9542.2021, WP.9570.2021, WP.9620.2021, WP.9734.2021, WP.9867.2021 exercising powers u/R.53 of M.P. Minor Mineral Rules, 1996 compounded the offence by imposing penalty of different amounts which in each of these connected cases were paid by the respective petitioners, whereafter the mining offence/cases so registered were closed and the vehicles in question were handed over to the respective petitioners.
5.1 However, thereafter, the impugned orders were passed confiscating the vehicles in question directing the respective petitioners to hand over possession of the vehicles. The impugned orders of confiscation in all the connected matters are solely based upon the interim order dated 18.09.2020 passed in PIL bearing WP.7695/2015 where this Court while dealing with the public cause of rampant excavation of sand and other minor minerals from the basins of rivers flowing through Chambal and Gwalior regions directed thus:
"Thus, it is essential for this court to direct the Collectors of all 9 districts, i.e., Gwalior, Datia, Guna, Ashoknagar, Shivpuri, Morena, Sheopur, Bhind and Vidisha situated within territorial jurisdiction of this bench to exercise their powers of confiscation of vehicle involved in mining offence by keeping in mind that power of confiscation of vehicles is a concurrent power available to the competent authority which can be exercised in addition to and not as alternative to the power of imposing penalty even under the amended M.P. Minor Mineral Rules, 1996 (for brevity 1996 Rules) as interpreted and explained by the 4 WP.9484.2021, WP.9491.2021, WP.9517.2021, WP.9541.2021, WP.9542.2021, WP.9570.2021, WP.9620.2021, WP.9734.2021, WP.9867.2021 Special Bench of this Court in the case of Raj Kumar Sahu Vs. State of M.P. [2019(2)MPLJ 438] relevant para of which is extracted below:-
"51. As a consequence thereof, it is held that the power of forfeiture/confiscation can be exercised by the competent authority as and when it takes an appropriate decision in this regard under Rule 53(2)or 53(3) irrespective of the fact that the contravention is made by the defaulter for the first time. In other words, the power of forfeiture vested in the competent authority under Rules 52(2) and 52(3)can be exercised in isolation, simultaneously or collectively with the power to impose penalty and would not depend upon payment of penalty by the offender and that even in cases where the offender pays the penalty imposed upon him under Rule 53(1) the competent authority has the power and would be competent to pass orders of forfeiture and that the said power is not circumscribed by the provision of or the fact of payment of penalty."
Accordingly, an interim writ in the nature of mandamus is issued to all the Collectors of 9 districts (Gwalior, Datia, Guna, Ashoknagar, Shivpuri, Morena, Sheopur, Bhind and Vidisha) to exercise or cause to exercise power of confiscation of vehicle as concurrent to the power of imposing penalty in appropriate cases.
For filing compliance reports of this order in regard to 9 districts duly supported by affidavits of respective Collectors of those districts, let the matter be taken up in the week commencing 12/10/2020.
The Registry is directed to forthwith communicate this order by electronic means to all the Collectors of 9 5 WP.9484.2021, WP.9491.2021, WP.9517.2021, WP.9541.2021, WP.9542.2021, WP.9570.2021, WP.9620.2021, WP.9734.2021, WP.9867.2021 districts within the territorial jurisdiction of this court." 5.2 Pertinently, the offence of theft registered against the petitioners in each case continues to be pending adjudication before the court of competent criminal jurisdiction. 5.3 It may not be out of place to mention here that the PIL WP.7695/2015 continues to be pending till date awaiting adjudication before this Court.
6. A bare reading of the aforesaid interim order dated 18.09.2020 passed in PIL WP.7695/2015 reveals that the anxiety of the Court was to curb rampant extraction of minor mineral from the basins of various rivers flowing through Chambal and Gwalior regions to offset the irretrievable damage being caused to the ecology. The interim order was thus passed to meet the emergent situation with the hope that the mode of confiscation besides penalty may be more deterrent.
6.1 The directives contained in the interim order dated 18.09.2020 passed in PIL WP.7695/2015 by employing the expression "......in appropriate cases." found at the end of third paragraph from below, reveal the intention of the Court that the exercise of concurrent power of confiscation could be exercised in cases which are still pending and have not been concluded and closed. It could have hardly been the intention of this Court while passing the said interim order that even concluded cases should be reopened and the vehicles released earlier should be recalled and 6 WP.9484.2021, WP.9491.2021, WP.9517.2021, WP.9541.2021, WP.9542.2021, WP.9570.2021, WP.9620.2021, WP.9734.2021, WP.9867.2021 confiscated.
6.2 It is trite law that interim orders passed by judicial forum are always prospective in their application. If an interim order is allowed to operate retrospectively then lot many things, rights and liabilities which stood concluded in the past would stand unsettled. Such a course of action would be abhorrent to the rule of law.
7. From the above discussion, it is clear as daylight that the interim order dated 18.09.2020 passed in PIL WP.7695/2015 had prospective application and thus could not have adversely affected cases which stood concluded either before or after the passing of the said interim order.
8. Accordingly, the impugned orders have been passed by misunderstanding and misinterpreting the interim order dated 18.09.2020 passed in PIL WP.7695/2015 and thus cannot stand the test of judicial review.
9. Consequently, the impugned orders as mentioned in the table below as regards each Writ Petition are quashed. In case, the auction has been conducted pursuant to the auction proceedings, then the said auction proceedings so far as they relate to the vehicles shall also stand quashed and the respective vehicles as detailed in the following table are directed to be released in favour of petitioners. In case any of the petitioners are already in possession of their vehicles then security and surety, if furnished 7 WP.9484.2021, WP.9491.2021, WP.9517.2021, WP.9541.2021, WP.9542.2021, WP.9570.2021, WP.9620.2021, WP.9734.2021, WP.9867.2021 by petitioners by virtue of any interim order passed in these cases, shall stand discharged.
Writ Petition Signatory and Vehicle No. Type of
No. date of Vehicle
impugned Order
WP.9484.2021 20.04.2021 MP67-AA-3298 Tractor-
Collector, Trolley
Ashok Nagar
WP.9491.2021 19.03.2021 MP08-AB-3014 Tractor-
Collector, Trolley
Ashok Nagar
WP.9517.2021 05/05/21 MP67-A-9882 Tractor-
Collector, Trolley
Ashok Nagar
WP.9541.2021 20.04.2021 MP67-A-2671 Tractor-
Collector, Trolley
Ashok Nagar
WP.9542.2021 05/05/21 MP08-AB-1106 Tractor-
Collector, Trolley
Ashok Nagar
WP.9570.2021 05/05/21 MP67A-3178 Tractor-
Collector, Trolley
Ashok Nagar
WP.9620.2021 20.04.2021 MP07-GA-5547 Dumper
Collector,
Ashok Nagar
WP.9734.2021 20.04.2021 MP15-HA-2706 Dumper
Collector,
Ashok Nagar
WP.9867.2021 05/05/21 MP67A-2231 Tractor-
Collector, Trolley
Ashok Nagar
10. This Court hastens to add that allowing of these petitions shall not adversely affect the offences registered/criminal cases pending against the petitioners arising out of the same incident, which shall be decided by the court of competent criminal 8 WP.9484.2021, WP.9491.2021, WP.9517.2021, WP.9541.2021, WP.9542.2021, WP.9570.2021, WP.9620.2021, WP.9734.2021, WP.9867.2021 jurisdiction in accordance with law without being influenced by this order.
11. No cost.
(Sheel Nagu) (Deepak Kumar Agarwal)
Judge Judge
pd 07.07.2021 07.07.2021
PAWAN Digitally signed by PAWAN DHARKAR DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH DHARK COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474011, st=Madhya Pradesh, 2.5.4.20=345b3604d572ed9dd1492fe8 2dc3b1eef67eff2cb59f3ac97e920ac26 AR 4de7828, cn=PAWAN DHARKAR Date: 2021.07.08 13:04:27 +05'30'