Jai Ram Gupta vs. The State Of Madhya Pradesh
Held
The Court held that the writ petition was not maintainable at the current stage. The petitioner had directly approached the High Court without first responding to the show cause notice issued by the Collector. The Court reasoned that all grounds raised by the petitioner in the writ petition should be presented before the original authority who issued the show cause notice. Therefore, the Court found no reason to entertain the petition at this preliminary stage. The ratio decidendi is that statutory remedies and the established procedural hierarchy, including responding to show cause notices, must be exhausted before approaching the High Court through a writ petition, unless exceptional circumstances warrant otherwise. The Court dismissed the writ petition.
Facts
The petitioner, Jai Ram Gupta, was allotted a piece of land in District Tikamgarh, Madhya Pradesh, for stone crushing purposes for a period of 10 years, commencing in 2010. The lease was later renewed. The petitioner is a registered Grade 1 businessman. Since around 2020, due to COVID-19, the petitioner claims not to have utilized the land for mining but continued to pay the dead rent. On April 30, 2026, the Collector, Niwari (respondent No. 3), issued a show cause notice proposing recovery of Rs. 6,29,40,120/- from the petitioner under Rule 30(20) of the Madhya Pradesh Minor Mineral Rules, 1996. Instead of responding to the show cause notice, the petitioner directly filed a writ petition before the High Court.
Key Issues
1. Whether the High Court should entertain a writ petition challenging a show cause notice issued by the Collector, Niwari, under Rule 30(20) of the Madhya Pradesh Minor Mineral Rules, 1996, proposing a recovery of Rs. 6,29,40,120/-, when the petitioner has not yet filed a reply to the said notice. Petitioner's contention: The petitioner approached the High Court directly by way of a writ petition. Revenue/State's contention: The present writ petition is not liable to be entertained at the stage of a show cause notice, and all grounds raised in the petition should be raised before the issuing authority.
Sections Cited
Rule 30(20)
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Cause title — parties, addresses and appearances
ORDER Per: Justice Vivek Rusia The petitioner has filed the present petition challenging the show cause notice dated 30.04.2026 passed by the respondent No.3/Collector, Niwari under Rule 30(20) of Madhya Pradesh Minor Mineral Rules, 1996, whereby the recovery of Rs.6,29,40,120/- has been proposed against the petitioner.
The petitioner is a resident of Police Line Niwari, District Niwari, Madhya Pradesh. In the year 2010, the petitioner applied for the piece of land on lease in the District Tikamgarh, Madhya Pradesh for the purpose of stone crushing. The District Collector, Tikamgarh after verifying each and every document and by following the due process of law, allotted a piece of land for 10 years bearing Khasra No.880, rakwa 4.000 hector at Tehsil Niwari, District
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