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2025 DAILYLAW 155912 (ALL)

HRIDAYRAJ SINGH v. STATE OF U.P. THRU. ITS SECY. OF MINING DEPTT. LKO. AND 2 OTHERS

WRIC/7514/2025 · 2025-08-11

Manish Kumar, Sangeeta Chandra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:46669-DB Court No. - 2 Case :- WRIT - C No. - 7514 of 2025 Petitioner :- Hridayraj Singh Respondent :- State Of U.P. Thru. Its Secy. Of Mining Deptt. Lko. And 2 Others Counsel for Petitioner :- Ambica Tripathi Counsel for Respondent :- C.S.C. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Manish Kumar,J. The present writ petition has been preferred with the following prayer:- "[I] Issue a writ, order or direction in the nature of Certiorari thereby quash the impugned recovery citation dated 05.07.2025 issued by the opposite party No. 3 i.e. Sub-Divisional Magistrate, Sadar, District- Hardoi as contained in Annexure No. 1 to this writ petition. [II] Issue a writ, order or direction in the nature of Mandamus thereby commanding and directing the opposite parties nos. 1 to 3 to stay the execution of impugned recovery citation dated 05.07.2025 against the petitioner, as contained in Annexure No. 1 to this writ petition, in the interest of justice." We have heard learned counsel for the petitioner and learned Standing Counsel who has raised a preliminary objection regarding the maintainability of the present writ petition. He says that the petitioner has only challenged the recovery citation dated 05.07.2025 which may have been issued in pursuance of some recovery order passed by the competent authority. There is no mention of such order in the pleadings on record. If any such order has been passed by the appropriate/competent authority, the petitioner has statutory remedy to file an appeal under Rule 79 of the Uttar Pradesh Minor Minerals (Concession). Rules, 2021/ The present writ petition is dismissed with liberty to the petitioner to approach the appropriate forum. Order Date :- 11.8.2025 Nitesh Digitally signed by :- NITESH KUMAR TEWARY High Court of Judicature at Allahabad, Lucknow Bench