Neutral Citation No. - 2025:AHC-LKO:9392-DB Court No. - 2 Case :- WRIT - C No. - 10333 of 2024 Petitioner :- Kokila Singh Respondent :- District Magistrate, District Gonda And 2 Others Counsel for Petitioner :- Anand Pratap Singh,Skand Bajpai Counsel for Respondent :- C.S.C. Hon'ble Rajan Roy,J. Hon'ble Om Prakash Shukla,J. Heard. On 21.01.2025, this Court had passed the following order:- "Connect and list with Writ C No. 158 of 2025 (SARVESH SINGH VS DISTRICT MAGISTRATE GONDA U.P. AND 4 OTHERS). Apart from the query raised in our earlier order dated 03.12.2024 regarding which the learned Standing Counsel says that Government Order applicable is dated 18.09.2020. However, thereafter the Rules, 2021 have been framed therefore this issue also requires further consideration but, apart from it, the point is that the order has been passed under Rule 58 and this very issue was considered in a writ petition filed by the husband of the petitioner yesterday in Writ C No. 158 of 2025 and therein an interim order was passed, which reads as under:- "Heard. The impugned order has been passed under Rules 58 of the U.P. Mines Minerals (Concession) Rules, 2021(hereinafter referred to as ' the Rules 2021). The contention of the petitioner's counsel is that the District Magistrate is not empowered to pass the said order. The order of imprisonment or fine is consequent to conviction based on contravention of provisions of Rule 3 of the said Rules and the said conviction followed by imprisonment or fine is referable to Rule 58. He has invited our attention to Sections 21, 22, 30-B, 30-C of the Mines and Minerals (Development And Regulation) Act, 1957 and Rule 76 of the Rules 2021 to contend that the dispute is purely within the domain of the courts established specifically for this purpose under the Act and the District Magistrate does not have any authority in this regard. We would like to have the assistance of District Magistrate himself through video conferencing as to on what basis he has passed the impugned order under Rule 58 of the Rules 2021. Let the District Magistrate, Gonda join these proceedings through video conferencing on 13th of February, 2025. List this case on 13.02.2025, as fresh. Till the next date of listing the recovery under the impugned order shall remain in abeyance. If the District Magistrate finds that he does not have authority to pass the impugned order, the pendency of this writ petition shall not come in the way in withdrawal of the said order by him. The District Magistrate may file his response to the writ petition and the query made in this regard on affidavit before the next date." The same issue as to the competence of the District Magistrate to pass an order under Rule 58 is involved herein also. For the reasons noticed already in our earlier order quoted hereinabove, it is provided that till the next date of listing the recovery under the impugned order shall remain in abeyance. If the District Magistrate finds that he does not have authority to pass the impugned order, the pendency of this writ petition shall not come in the way in withdrawal of the said order by him. The District Magistrate may file his response to the writ petition and the query made in this regard on affidavit before the next date. Let the opposite parties bring on record the aforesaid government order and respond to the writ petition by the next date of listing." Mrs. Neha Sharma, District Magistrate, Gonda is on leave today. Charge is being held by C.D.O., Gonda, namely Alok Kumar Singh who has joined the proceedings through video conferencing. Today Shri Rajesh Tiwari, learned Standing Counsel has informed that the impugned order has been withdrawn. He has also filed an application for dismissal of the writ petition which is taken on record. The writ petition is disposed of in the aforesaid terms. If any action is to be taken in future, liberty is granted only to the authority competent to take such action, as per law Order Date :- 13.2.2025 Lokesh Kumar [Om Prakash Shukla, J.] [Rajan Roy, J.] Digitally signed by :- LOKESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench