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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
HON’BLE JUSTICE SHRI ALOK KUMAR VERMA AND HON’BLE JUSTICE SHRI ALOK MAHRA
9TH APRIL, 2025
WRIT PETITON (M/B) NO.153 OF 2025
Shri Trilok Singh Rawat
…… Petitioner Vs. State of Uttarakhand & Others
……Respondents
Counsel for the Petitioner. : Mr. Dharmendra Barthwal,
Advocate.
Counsel for the Respondent : Mr. Yogesh Tiwari, Standing Nos. 1 & 2.
Counsel and Mr. S. S.
Chaudhary, Brief Holder. Counsel for the respondent : Mr. S.S. Chauhan, No.3.
Advocate.
Upon hearing the learned counsel for the parties, this Court made the following judgment:
(Per : Shri Alok Kumar Verma, J.)
The present writ petition has been filed under Article 226 of the Constitution of India to quash the impugned orders dated 15.01.2018, 15.09.2021 (Annexure No.2 to the writ petition) and 16.10.2024 (Annexure No.8 to the writ petition), passed by the District Magistrate, Tehri Garhwal under Rule 3 read with Rule 57 of the Uttarakhand
2
Mineral (Prevention of Illegal Mining, Transportation and Storage) Rules, 2021.
2.
Heard Mr. Dharmendra Barthwal, learned counsel for the petitioner and Mr. Yogesh Tiwari, learned Standing Counsel for the State and Mr. S.S. Chauhan, learned counsel for the respondent no.3.
3.
Mr. Dharmendra Barthwal, Advocate has requested to permit the petitioner to withdraw the present writ petition granting liberty to the petitioner to file an appeal against the said orders under Rule 15 of the Uttarakhand Mineral (Prevention of Illegal Mining, Transportation and Storage) Rules, 2021.
4.
The said request has not been opposed by learned counsel for the respondents.
5.
The present writ petition is dismissed as withdrawn granting liberty to the petitioner to file an appeal, as prayed, but in accordance with law.
____________________ ALOK KUMAR VERMA .J.
_____________
ALOK MAHRA, J. Dated: 09.04.2025 BS BALWANT SINGH Digitally signed by BALWANT SINGH DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=fbbd191c8bdb8b16e8ca7937deaf72a17c02fe2eacbf28cdf4ba7c e8640c5820, postalCode=263001, st=UTTARAKHAND, serialNumber=04E141DF4614F9A4D5F48346EB553DE5185F418755DC00 A7A13C14A680C3FA90, cn=BALWANT SINGH Date: 2025.04.09 18:04:00 +05'30'