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2025 DIGILAW 584 (MP)

Ravi Mohan Trivedi v. State of M. P.

2025-09-08

ANAND PATHAK, PUSHPENDRA YADAV

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ORDER Pathak, J:-- 1. The petitioner has filed present writ petition under Article 226 of the Constitution of India seeking following reliefs :- i) That, respondent No.4 may kindly be directed to reactive account of the petitioner for generating e-TP for 1,94,516 Cubic Meter sand within a stipulated period. ii) That, the order dated 18.3.2024 Annexure P/18 may kindly be modified by deleting condition of 15 days i.e. from 19.3.2024 to 3.4.2024. iii) Costs of this petition may also be directed to be paid by the respondents. iv) Any other suitable direction which this Hon'ble Court deems fit in the facts and circumstances of the case may kindly be perused. 2. Brief facts of the case are that the petitioner was granted license by the Licensing Authority vide order dt.4.1.2012 for stocking sand for a period of five years (from 4.1.2012 to 3.1.2017) on the land situate on survey no.435, 1218,1742 and 1665 of village Barahi, Tehsil and District Bind. After the inspection of sand storage of the petitioner on 13.7.2013, a show cause notice was issued to him by the Mining Department on 16.7.2013, reply of which was submitted on 19.07.2013. An offence under rule 18 of the Madhya Pradesh Minerals (Prevention of illegal Mining Transportation and Storage) rules, 2006 (hereinafter shall be referred to as the rules of 2006) was registered against the petitioner and an order for compounding the offence was passed by the Collector District Bhind on 8.8.2013, which was challenged by the petitioner before Commissioner Chambal Division by filing appeal and the same was decided vide order dt.21.1.2014. 3. Thereafter, petitioner submitted an application under section 457 of Cr.P.C. on 13.3.2014 before the Magistrate for custody of sand. Trial Court vide order dt.2.4.2014 passed in Cr.Case No.1792/2013 directed respondents Collector District Bhind and Mining Officer District Bhind for handing over custody of 01,94,516 cubic meter sand to the petitioner. 4. Against the said order, State Govt. filed Cri.Revision No.107/2014 before First Additional Sessions Judge, Bhind, which was dismissed vide order dt.4.3.2015, against which State Govt. filed W.P.No.6560/2015 before this Court. Vide order dt. 29.9.2021 petition was dismissed. Thereafter, trial Court passed the order dt.8.6.2022 directing the respondents to hand over possession of the sand to the petitioner. 5. 4. Against the said order, State Govt. filed Cri.Revision No.107/2014 before First Additional Sessions Judge, Bhind, which was dismissed vide order dt.4.3.2015, against which State Govt. filed W.P.No.6560/2015 before this Court. Vide order dt. 29.9.2021 petition was dismissed. Thereafter, trial Court passed the order dt.8.6.2022 directing the respondents to hand over possession of the sand to the petitioner. 5. Since the petitioner could not lift/transport sand from one place to another without a Transit Pass which is to be issued electronically (e-TP), therefore, he requested respondents for issuing e-TP but of no avail. Hence, he filed W.P.No.2403/2023, in which due to the orders passed by this Court on 19.4.2023 and 24.4.2023, respondents issued e-TP to the petitioner for sand in question and ultimately vide order dt.1.5.2023 petition was disposed of. 6. Thereafter, petitioner undertook cleaning of the area as it was seized for more than 10 years and in the meantime Bhind Etawah Bridge on Chambal river was closed, due to which the petitioner was not able to find customers and lift the sand. As per the software of the portal, if the e-TP is not used within 30 days of its activation, then it gets deactivated automatically. Therefore, after finding buyers for sand, when the petitioner tried to generate e-TP on 7.10.2023, a prompt came on the portal of the department that validity of the account has expired and e-TP can not be generated. Petitioner submitted application on 7.10.2023 itself for reactivating account for generating e-TP. Vide order dt.22.12.2023, it was directed that it is the Collector who has to take steps for issuing e-TP. 7. Pursuant to aforesaid order, petitioner appeared before the Collector on 5.1.2024 and submitted application for reactivating portal for generation of e-TP, but no action was taken. Petitioner submitted repeated applications, but no order was passed, therefore, he filed W.P.No.4895/2024 before this Court seeking relief of reactivating portal for issue of e-TP to the petitioner. After the filing of petition, respondent No.4 passed order dt.18.3.2024 directing respondent No.3 for activating e-TP of the petitioner, which got activated only for a period of 15 days (from 19.3.2024 to 3.4.2024). After opening of the portal, petitioner sold some sand, however, on 3.4.2024, respondents again closed the e-TP portal of the petitioner, therefore, petitioner is not able to sale the sand any more. Hence, this petition. 8. After opening of the portal, petitioner sold some sand, however, on 3.4.2024, respondents again closed the e-TP portal of the petitioner, therefore, petitioner is not able to sale the sand any more. Hence, this petition. 8. It is the submission of learned senior counsel for the petitioner that the action of the respondents in not re-activating account for generating e-TP is causing irreparable loss to the petitioner. Since in view of the provisions of the Madhya Pradesh Mineral (Prevention of Illegal Mining, Transportation and Storage) rules, 2022, the petitioner cannot transport sand without a valid e-TP, the respondents are dutybound to reactivate the account for generating e-TP for sufficient period, so that petitioner can lift his sand. Despite the orders passed by this Court, the respondents authorities are creating hurdles in the way of petitioner by putting such condition of generating e-TP for 15 days, however, there is no such provision under the law. Due to the in- action on the part of the respondents authorities, the petitioner has already caused great loss and with each day's delay he is suffering irreparable loss. Hence, prayer is made for issuing directions to the respondents to reactivate account of the petitioner for generating e-TP for 01,94,516 cubic meter sand within a stipulated period. 9. Per contra, learned counsel for the respondents/State has denied all the averments of the petitioner. It is submitted that vide order dt.21.4.2023, respondents issued e-TP in favour of the petitioner, but he did not pick up even one cubic meter of sand and therefore the portal was closed automatically after a lapse of 30 days. Even during pendency of this petition, respondents authorities vide orders dt.27.4.2024, 14-15.5.2024, 6.6.2024, 27.6.2024 and finally dt. 4.9.2024 gave opportunities to the petitioner to pick up his remaining 1,94,510 cubic meter of sand by re-activating the e-TP of the petitioner and the petitioner is continuously picking up the sand and selling the same. Vide order dt. 4.9.2024 petitioner was granted last opportunity to pickup his entire sand within stipulated period of 1 month i.e. from 4.9.2024 till 3.10.2024, failing which the sand would be confiscated by the state authorities in accordance with law. On such grounds, he prayed for dismissal of the petition. 10. Heard the learned counsel for the parties and perused the record. 11. 4.9.2024 petitioner was granted last opportunity to pickup his entire sand within stipulated period of 1 month i.e. from 4.9.2024 till 3.10.2024, failing which the sand would be confiscated by the state authorities in accordance with law. On such grounds, he prayed for dismissal of the petition. 10. Heard the learned counsel for the parties and perused the record. 11. In the case in hand, the petitioner has sought the relief that after more than 10 years of keeping the sand of the petitioner in illegal seizure, when it was released under the orders of this Court, the e-TP has been issued for a very short period in which the petitioner was directed to lift and sale its entire 1,94,516 cubic meter sand. Grievance of the petitioner is that within such short span of time, he can not lift such huge amount of sand. 12. This Court vide order dt. 29.9.2021 in Writ Petition No.6560/2015 (State of M.P. and another v. Ravi Mohan Trivedi) dismissed the petition preferred by the State and upheld the order dt.4.3.2015 passed by the Special Judge Bhind in Criminal Revision No.107/2014. 13. After the said order, petitioner was entitled to get the custody of sand as referred above. However, proceedings dt.20.12.2022 of Collector District Bhind indicate that e-TP was directed to be issued. Part compliance was made because petitioner could lift some part of the sand, still 01,94,516 cubic meter of sand is to be lifted. Petitioner had to approach this Court many times and it is the travesty of justice that he has to run pillar to post and post to pillar for his own possession. 14. In the conspectus of facts and circumstances of the case, respondents - Collector (Mines)/District Mining Officer is/are directed to issue e-TP immediately for six months so that during this period petitioner can lift its sand of 01,94,516 cubic meter without any problem. The respondents including Collector (Mines) and District Mining Officer shall immediately issue the e-TP within seven days and will report to this Court else Collector (Mines) and District Mining Officer District Bhind shall be held liable for contempt of this Court because they have to remember that petitioner is fighting for getting the sand of his own possession for last ten years. The said e-TP would survive for next six months from the d uance. Meanwhile, the petitioner shall lift all his sand. The said e-TP would survive for next six months from the d uance. Meanwhile, the petitioner shall lift all his sand. He has to be careful that he would not lift any other sand under the garb of this e-TP except the sand belonging to him. 15. Accordingly, petition stands allowed and disposed of with the aforesaid observations.