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2025 DAILYLAW 2612 (UTT)

HARKIRAT SINGH v. STATE OF UTTARAKHAND

WPMS/523/2025 · 2025-02-19

Ravindra Maithani

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

SL. No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS WPMS No. 523 of 2025 Hon’ble Ravindra Maithani, J. Mr. Rahul Adhikari, Advocate for the petitioners. Mr. Pradeep Hairiya, Standing Counsel for the State. Petitioners have put to challenge the recovery citation dated 05.12.2024. Heard learned counsel for the parties and perused the record. Learned counsel for the petitioners would submit that the petitioners are not in a position to pay the entire amount, therefore, they may be permitted to pay the amount in installments. Learned counsel for the petitioners would submit that the petitioners would deposit Rs. 1,00,000/- within two days. It is a case of mining. After inspection, it was found that the petitioners extracted minor minerals illegally. Therefore, fine was imposed on them, for which recovery citation has been issued. This Court may not generally interfere with the recovery citation. But, since it is stated that the petitioners may be given time to deposit money, the writ petition is disposed of with the direction to the petitioners that they shall deposit 25% of the amount within two days from today and the remaining amount may be paid by them within next six weeks. If 25% of the amount is paid by the petitioners within 2 days, the effect of the recovery citation shall remain in abeyance till six weeks. If the petitioner deposits entire amount within six weeks, the recovery citation would render infructuous. But, if the amount is not paid, the recovery proceeding shall resume. (Ravindra Maithani J.) 19.02.2025 Avneet/