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2025 DAILYLAW 17069 (ALL)

M/S ANJANISUT INFRASTRUCTURE PVT LTD v. State of UP AND ANOTHER

WRIC/6131/2024 · 2025-07-13

Ashwani Kumar Mishra, Jayant Banerji

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:112269-DB Court No. - 40 Case :- WRIT - C No. - 6131 of 2024 Petitioner :- M/S Anjanisut Infrastructure Pvt Ltd Respondent :- State of U.P. and Another Counsel for Petitioner :- Satyendra Kumar Mishra Counsel for Respondent :- C.S.C. Hon'ble Ashwani Kumar Mishra,J. Hon'ble Jayant Banerji,J. 1. This writ petition is directed against an order passed by the District Magistrate Baghpat, dated 20th December, 2023, whereby liability on account of illegal mining has been fastened upon the petitioner. Various submissions are raised in order to contend that such demand is arbitrary. It is also urged that petitioner has not undertaken any mining, etc. 2. An objection is taken to the maintainability of the writ petition on the ground that petitioner has remedy of filing appeal under Rule 79 of the Uttar Pradesh Minor Minerals (Concession) Rules, 2021. 3. Since the statutory alternative remedy has not been availed and the dispute otherwise would require determination of factual aspects, we are not inclined to proceed any further in the present writ petition. 4. The writ petition, accordingly, is dismissed on the ground of alternative remedy. 5. Liberty, however, stands reserved to the petitioner to file an appeal within two weeks from today and if such statutory appeal is filed the same shall be entertained without raising any objection with regard to limitation. Petitioner will also be at liberty to move an appropriate application for interim protection, which shall be accorded consideration expeditiously and as per law. Order Date :- 14.7.2025 Ranjeet Sahu Digitally signed by :- RANJEET SAHU High Court of Judicature at Allahabad