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2025 DAILYLAW 191519 (ALL)

SRIRAM AND ANOTHER v. STATE OF U.P. AND ANOTHER

WRIC/35697/2025 · 2025-10-12

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 35697 of 2025 Court No. - 40 HON'BLE SARAL SRIVASTAVA, J. HON'BLE SUDHANSHU CHAUHAN, J. 1. Heard learned counsel for the petitioners and learned Standing Counsel for the respondents. 2. The petitioners by means of the present writ petition have assailed the order dated 09.09.2025 passed by the respondent No.2-District Magistrate, Hamirpur, whereby he has imposed a penalty of Rs.15,12,500/- for illegal excavation of moram. 3. Learned Standing Counsel submits that the impugned order is appealable under Rule 79 of the Mines and Minerals (Concession) Rules, 2021 and therefore, the writ petition may be dismissed on the ground of alternative remedy. 4. The aforesaid fact has not been disputed by learned counsel for the petitioner. 5. Accordingly, the writ petition is dismissed with aforesaid liberty. 6. In case the petitioners prefer an appeal before the Appellate Authority within a period of one month from today, the Appellate Authority shall consider and decide the appeal on merit without entering into the question of limitation. October 13, 2025 SS Versus Counsel for Petitioner(s) : Sanjeev Kumar Saxena Counsel for Respondent(s) : C.S.C. (Sudhanshu Chauhan,J.) (Saral Srivastava,J.) Sriram And Another .....Petitioner(s) State of U.P. and Another .....Respondent(s) Digitally signed by :- SUNIL KUMAR SHARMA High Court of Judicature at Allahabad