HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 35300 of 2025 Court No. - 40 HON'BLE SARAL SRIVASTAVA, J. HON'BLE SUDHANSHU CHAUHAN, J. 1. Heard learned counsel for the petitioner and learned Standing Counsel for State-respondents. 2. The petitioner by means of the present writ petition has assailed the order dated 21.08.2025 passed by the respondent no.2-District Magistrate, Agra. 3. A preliminary objection has been raised by learned Standing Counsel that against the order impugned, there is a statutory remedy of appeal under Rule 79 of U.P. Minor Minerals (Concession) Rules, 2021 before the Divisional Commissioner. 4. The aforesaid fact is not disputed by the learned counsel for the petitioner. 5. Since, there is statutory remedy of filing of appeal under Rule 79 of U.P. Minor Minerals (Concession) Rules, 2021 before the Divisional Commissioner against the order impugned, therefore, present petition is not maintainable before this Court. 6. Consequently, the present petition is dismissed on the ground of alternative remedy. 7. If petitioner prefers an appeal against the impugned order within a period of one month from today, the Appellate Authority shall decide the same on merit without entering into the question of limitation and shall decide the stay application within a period of one month from the date of filing the appeal. October 14, 2025 Gaurav Versus Counsel for Petitioner(s) : Sanjeev Kumar Pandey Counsel for Respondent(s) : C.S.C. (Sudhanshu Chauhan,J.) (Saral Srivastava,J.) Chandrapal Singh .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) Digitally signed by :- GAURAV PATEL High Court of Judicature at Allahabad