In a pivotal judgment delivered on 6th December 2021, the Hon’ble High Court of Madhya Pradesh at Gwalior allowed Writ Petition No. 26394 of 2021 filed by Advocate Sourav Singh Tomar on behalf of petitioner Brajesh Singh, challenging an order passed by the Mining Officer under repealed provisions of the M.P. Minor Mineral Rules, 1996. The High Court held that the impugned action suffered from patent illegality, as it was taken under Rule 53(2) and (3) of the repealed rules, which were no longer in force following the enactment of the M.P. Sand (Mining, Transportation, Storage and Trading) Rules, 2019.
Relying on the binding precedent set by a coordinate bench in W.P. No. 9971/2021 (decided on 3rd August 2021), Advocate Sourav Singh Tomar convincingly argued that the Mining Officer lacked the jurisdiction and legal authority to act under rules that had already been superseded. The Hon’ble Division Bench, comprising Justice Rohit Arya and Justice Deepak Kumar Agarwal, found merit in the petitioner’s submissions and quashed the impugned order in its entirety.
The Court also observed that the Mining Officer, if so advised, may proceed under Rule 20(2) of the 2019 Sand Rules, and directed that the petitioner’s prayer for release of vehicle be considered strictly as per law. The judgment reinforces the principle that administrative authorities must operate within the limits of current statutory frameworks and cannot invoke repealed legal provisions.
This judgment once again showcases Advocate Sourav Singh Tomar’s deep expertise in mining law and writ litigation, especially in holding government officials accountable to the rule of law. His precise legal drafting and persuasive advocacy continue to position TMS Law Associates as a top-tier firm in administrative and regulatory litigation in Madhya Pradesh.