Judgment:
Writ Petition No :: 19812 / 2012 Ramjan Sheikh versus State of MP and others 27.01.2014.
Shri S.S.Tiwari for the petitioner.
Shri Lalit Joglekar, PL, for the State.
Shri Manas Verma for respondent No.1.
Petitioner has filed this writ petition and the relief claimed for in paragraph 7 reads as under: “(i) Hon’ble High Court may kindly be pleased to issue a writ of mandamus commanding respondent No.1 to 5 to direct the authorities of Forest and Mining Departments to adhere to (the) rules, regulations, law and procedure strictly.
(ii) Hon’ble Court may kindly be pleased to issue a writ of mandamus commanding the respondents to levy huge fine on the trucks carrying load than their capacity.” It is stated by the petitioner that respondents 1 to 5 are not following the rules pertaining to Mining, Forest etc.Respondents have filed a return and point out that based on the directions issued by this Court and the monitoring being done, in various cases filed in Public Interest, filed extract of circulars and notices issued vide Annexures R/1, R/2 and R/3, to say that the rules and regulations are being adhered to and there is no violation.
Grievance of the petitioner seems to be that in the matter of over-loading of truck and breach of forest rules, certain rules and regulations are not being adhered to.
However, no specific instance of any statutory violation is pointed out in the writ 2 petition, and based on the reliefs sought for, as reproduced hereinabove, in a very general and vague terMs.mandamus is sought for directing the respondents to follow the rules and regulations.
Once the rules and regulations are formulated they are statutory in nature and no mandamus is required for issuing general directions to the competent authority for following the rules.
The law itself requires the authority to follow the rules.
In the present case, not a single instance of any violation of the statutory rules is brought to the notice of this Court to indicate that the respondents are not following the rules.
Keeping in view the aforesaid, I see no reason to issue any mandamus.
If the petitioner has knowledge or information with regard to any specific violation done by the competent authority and if any specific instance is brought to the notice of the authorities, proper action shall be taken as and when the same is brought to notice.
With the aforesaid liberty to the petitioner, finding no case made out for issuing mandamus in the light of the manner in which the prayer has been made, this writ petition stands disposed of.
Certified copy as per rules.
(RAJENDRA MENON) JUDGE Aks/-