Madhya Pradesh High Court
Vista Sales Pvt. Ltd. vs The State Of Madhya Pradesh on 10 February, 2022
Author: Chief Justice
Bench: Chief Justice
1
The High Court Of Madhya Pradesh
WP No. 3196 of 2022
(VISTA SALES PVT. LTD. Vs THE STATE OF MADHYA PRADESH AND OTHERS)
Jabalpur, Dated : 10-02-2022
Heard through Video Conferencing.
Shri Devdatt Kamat, Senior Advocate with Shri Shoeb Hasan Khan,
Advocate for the petitioner.
Shri Prashant Singh, Advocate General with Shri Ritwik Parashar,
Government Advocate for respondents.
Learned Government Advocate takes notice for respondents.
The learned counsel for the petitioner submits that the facts and circumstances involved herein are similar to the one that is pending consideration before this Court in W.P.No.28431 of 2021 wherein an interim order was granted on 04.01.2022.
However, on considering the reasons assigned, we are of the view that except the question of vires, rest of the facts are different. The contract is still in existence in this case whereas it was terminated in the other case. Inspite of termination, the State intended to proceed to recover the dues post termination. Therefore, there was a stay granted against the State from proceeding to recover those amounts while not disturbing the action that was already taken by the State. Therefore, the facts involved herein are quite different so far as the termination and payment of royalty are concerned.
Hence, we are of the view that the petition requires to be admitted so far as questioning the vires of Rules 10(1), 10(3) and 12(5) of the Madhya Pradesh Sand (Mining, Transportation, Storage and Trading) Rules, 2019 is concerned.
Issue rule nisi.
Respondents to file their reply by next date.
Post along with W.P. No.28431 of 2021.
(RAVI MALIMATH) (PURUSHAINDRA KUMAR KAURAV)
CHIEF JUSTICE JUDGE
2
RS
Digitally signed by
RASHMI RONALD VICTOR
Date: 2022.02.11 15:35:04
+05'30'