Research › Search › Judgment

High Court of Uttarakhand · body

2025 DAILYLAW 17279 (UTT)

CHANDRA SINGH NEGI v. COLLECTOR

WPMS/3502/2025 · 2025-12-17

Manoj Kumar Tiwari

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:UHC:11291 SL. No. Dat e Office Not es, r epor t s, or der s or pr oceedin gs or dir ect ion s an d Regist r ar ’s or der w it h Sign at u r es COURT’S OR JUDGE’S ORDERS W PMS/ 3 5 0 2 / 2 0 2 5 Hon ’ble Man oj Ku m ar Tiw ar i, J. Mr. Arun Pratap Shah, Advocate for the petitioners. 2. Mr. Suyash Pant, Standing Counsel for the State of Uttarakhand. 3. Petitioners have challenged sale proclamation issued by Assistant Collector, Satpuli, District Pauri Garhwal for recovery of `47,22,590/ - for recovery of mining dues. 4. According to the petitioners, the mining dues, if any, are pending against one Mr. Revindra Pratap Singh, cousin of the petitioners, however, the share of the petitioners in the joint holding may be sold out in public auction. Petitioners further apprehend that in the auction proceedings, most valuable portion of the land would be sold out, causing prejudice to them. 5. Learned State Counsel, however, submits that the writ petition is misconceived and they cannot be permitted to challenge the recovery proceedings, initiated against one of the co-sharers in the property. He submits that the State is entitled to recover the mining dues by auction sale of the share of the co-sharer, who owes money to the State Government. 6. This Court finds substance in the submission made by learned State Counsel. Merely because petitioners are 2025:UHC:11291 co-sharer in the joint holding will not entitle them to stall the proceedings of auction sale initiated against the person, who defaulted in payment of mining dues. Thus, any interference in the matter at the instance of the petitioners would be unwarranted. 7. The writ petition, however, is disposed of with liberty to petitioners to make representation to the competent authority, highlighting their grievances. The representation, if made, shall be dealt with as per law, within four weeks of its making. ( Man oj Ku m ar Tiw ar i, J.) 17.12.2025 Navin NAVEEN CHANDRA Digitally signed by NAVEEN CHANDRA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3be23325146e76a0642bdf4943fb9046f487df006da8 2a131bb4e4403d3c0a15, postalCode=263001, st=UTTARAKHAND, serialNumber=18167EEFB5CA8CFFD421A103819DA875643AF 56D653D095C6ED9A86DAAB21CE5, cn=NAVEEN CHANDRA Date: 2025.12.17 16:55:32 +05'30'