In a significant win in the field of mining and administrative law, the Hon’ble High Court of Madhya Pradesh at Gwalior allowed Writ Petition No. 6028 of 2022 filed by Advocate Sourav Singh Tomar on behalf of petitioner Jagdish Jha and others, challenging the action taken under repealed provisions of the M.P. Minor Mineral Rules, 1996. The Court, in its order dated 23rd March 2022, quashed the impugned order dated 16.04.2021 issued by the Mining Officer, holding it to be patently illegal and without jurisdiction.
Advocate Sourav Singh Tomar effectively relied on a prior coordinate bench decision (W.P. No. 9971/2021, dated 3rd August 2021), arguing that the Mining Officer had erroneously invoked Rule 53(2) and (3) of the repealed 1996 Rules, despite the enforcement of the M.P. Sand (Mining, Transportation, Storage and Trading) Rules, 2019. The Hon’ble Division Bench, comprising Justice Rohit Arya and Justice Milind Ramesh Phadke, concurred with this submission and found that the Mining Officer had misdirected himself by acting under repealed provisions that had no force of law.
Allowing the petition, the Court not only quashed the illegal order but also clarified that any further action, including release of the vehicle, must be considered strictly under the 2019 Sand Rules. This decision reinforces the principle that administrative authorities must act within the scope of current law and cannot rely on superseded regulations.
This judgment is a testament to Advocate Sourav Singh Tomar’s legal acumen in mining law and writ jurisdiction, and further cements TMS Law Associates as a leading firm in handling complex regulatory litigation in Madhya Pradesh. The case highlights the firm’s commitment to upholding procedural fairness and protecting clients from unlawful administrative overreach.