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IN THE HIGH COURT OF MADHYA PRADESH

AT GWALIOR
WP No. 2403 of 2023
(RAVI MOHAN TRIVEDI Vs THE STATE OF MADHYA PRADESH AND OTHERS)

Dated : 19-04-2023
Shri Pavan Kumar Dwivedi- Advocate for the petitioner.

Shri Ankur Mody- Additional Advocate General for respondent/State.

Mr. Santosh Kumar Patle, Regional Head, Directorate of Geology &

Mining, Regional Office, Gwalior & OIC of the case and Mr. Dinesh Singh
Dudwe, Incharge Mining Officer, Mining Office, Bhind (M.P.) are present

before this Court.

Indeed, it's an unusual situation, exceptional in nature, that despite
mandatory order passed by the Division Bench headed by the Hon'ble Chief
Justice on 14.03.2023 whereunder the Court expressed displeasure for non-
compliance of the order of Judicial Magistrate First Class, Bhind, despite the
same having attained finality and prima facie was of the view that the said order
has been disobeyed by respondent No.6, respondent No.6 was found to have
committed grave contempt of court in that behalf. Two weeks' time was granted
to respondent No.6- Mining Officer to reply to the same as to why proceedings

for contempt should not be initiated against him.

Today, Mr. Dinesh Singh Dudwe, Mining Officer, is present before this
Court and expresses his inability to comply with the order. Mr. Santosh Kumar
Patle, Regional Head, Directorate of Geology & Mining, Regional Office,
Gwalior & OIC of the case also expresses his inability to comply with the
order. Both of them submit that it is only the Collector who may comply with
the order.
At this stage, Shri Pavan Kumar Dwivedi, learned counsel appearing on
Signature Not Verified
Signed by: PAWAN
DHARKAR
Signing time: 4/19/2023
6:43:17 PM
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behalf of the petitioner, points out that the Collector by its order dated
20.12.2022 has already issued directions for issuance of e-TP for lifting of
1,94,516 cubic meter of sand as ordered by the Judicial Magistrate First Class,
Bhind in its order dated 02.04.2014.
Under such circumstances, both i.e. Mr. Santosh Kumar Patle, Regional
Head, Directorate of Geology & Mining, Regional Office, Gwalior & OIC of
the case and Mr. Dinesh Singh Dudwe, Mining Officer, Mining Office, Bhind
(M.P.) have clearly committed the Contempt of Court and they are liable for
punishment. Accordingly, we hereby give notice to both of them to show-cause
as to why they should not be punished for non-compliance of the order passed

by this Court on 14.03.2023. Five days' time is hereby granted to show-cause in

that behalf.
Call out this case on 24.04.2023.
Let both i.e. Mr. Santosh Kumar Patle, Regional Head, Directorate of
Geology & Mining, Regional Office, Gwalior & OIC of the case and Mr.
Dinesh Singh Dudwe, Mining Officer, Mining Office, Bhind (M.P.) remain
present on the said date, on the question of punishment.
The Collector, Bhind (M.P.) shall also remain present on the said date.
A copy of the order passed today be supplied to Shri Mody, learned
Additional Advocate General, for official use and onward transmission.

(ROHIT ARYA) (SATYENDRA KUMAR SINGH)

JUDGE JUDGE

pd

Signature Not Verified

Signed by: PAWAN
DHARKAR
Signing time: 4/19/2023
6:43:17 PM