BHUPESH KUMAR JAISWAL v. STATE OF UTTAR PRADESH AND 7 OTHERS
WRIC/9502/2025 · 2025-04-28
Anjani Kumar Mishra, Jayant Banerji
body2025
DailyLaw.ai
[ 2025 DAILYLAW 33901 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 33901 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:66134-DB Court No. - 3 Case :- WRIT - C No. - 9502 of 2025 Petitioner :- Bhupesh Kumar Jaiswal Respondent :- State Of Uttar Pradesh And 7 Others Counsel for Petitioner :- Krishna Kumar Singh,Om Prakash Shukla Counsel for Respondent :- C.S.C. Hon'ble Anjani Kumar Mishra,J. Hon'ble Jayant Banerji,J.
1. Heard learned counsel for the petitioner and learned standing counsel for the State.
2. Challenge in the writ petition is to an order dated 27.08.2024 passed by respondent no.5, Mines Inspector, Prayagraj, District Prayagraj. By this order a vehicle belonging to the petitioner has been seized in exercise of powers conferred by Rule 3 and Rule 72 of the U.P. Minor Mineral (Concession) Rules, 2021.
3. Learned standing counsel has stated that apart from the above and since the petitioner was involved in the illegal mining, a criminal complaint has been filed against the petitioner.
4. In view of the statement, it clearly emerges that the vehicle which is alleged to be involved in illegal mining is now case property and, therefore, the proper remedy for the release of the vehicle would be before the criminal court where the criminal complaint is pending.
5. In such view of the matter, this writ petition is dismissed leaving it open for the petitioner to avail the remedy available to him under the law. Order Date :- 29.4.2025 Asha Digitally signed by :- ASHA High Court of Judicature at Allahabad