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[Cites 1, Cited by 24]

Madhya Pradesh High Court

Brijendra Singh Bundela(Deceased) ... vs The State Of Madhya Pradesh on 23 July, 2018

                                       1                              WP-15746-2018
                    The High Court Of Madhya Pradesh
                               WP-15746-2018
     (BRIJENDRA SINGH BUNDELA(DECEASED) THROUGH ITS LEGAL HEIR MRS SHUNAYANA SINGH Vs
                               THE STATE OF MADHYA PRADESH)

     1
     Jabalpur, Dated : 23-07-2018
            Shri Abhijeet Awasthi, Advocate for the petitioner.
            Shri Pushpendra Yadav, Dy. Advocate General for the
     respondents/State.

As per State, the petitioner is engaged in illegal extraction of minor mineral, therefore, vehicle has been rightly forfeited in terms of Rule 53 of the M.P. Minor Mineral Rules, 1996.

An order has been passed on 18.07.2018 by this Court in M.P.No.1850/2018 (Nitesh Rathore & another Vs. State of M.P. & others) and other petitions referring the matter to a Larger Bench.

List after the decision of the Larger Bench. In the meantime, the vehicle in question shall be released to the petitioner on compliance of the following conditions:-

(1) An affidavit before the Collector undertaking not to use the vehicle in question for extraction of any mineral till further orders.
(2) The petitioners shall produce the vehicle before the Collector after the decision of the writ petition, if so warranted at that stage without any demur and objection.
(3) To furnish two sureties to the extent of the value of machine/vehicle to the satisfaction of the Collector of the District, in which machine/vehicle has been forfeited/confiscated out of which one surety shall be of that of unencumbered immovable property.

(HEMANT GUPTA) (RAJENDRA KUMAR SRIVASTAVA) CHIEF JUSTICE JUDGE vinod Digitally signed by VINOD VISHWAKARMA Date: 2018.07.24 11:53:07 +05'30'