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2025 DAILYLAW 3776 (UTT)

KUNWARPAL v. STATE OF UTTARAKHAND

WPMS/791/2025 · 2025-05-15

Manoj Kumar Tiwari

body2025

Judgment text

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2025:UHC:3949 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPMS No. 791 of 2025 Hon’ble Manoj Kumar Tiwari, J. Mr. Subhash Chand Burman, Advocate for the petitioner. 2. Mr. Puran Singh Bisht, Additional Chief Standing Counsel for the State of Uttarakhand. 3. An order under provision of Uttarakhand Mineral (Prevention of Illegal Mining, Storage and Transportation) Rules, 2020 was passed against petitioner by Additional District Magistrate (Finance & Revenue), Haridwar on 17.04.2023. By the said order, petitioner was made liable to pay a sum of `22,85,360/- as royalty+ penalty for illegal storage of minor mineral on his agricultural land. 4. Petitioner contends that the impugned order is not sustainable, as he was not heard before passing the said order. He has raised other contentions also. 5. Learned State Counsel, however, submits that the Rules under which the impugned order was passed, provide for an appeal before the Divisional Commissioner and thereafter remedy of revision before the State Government. 6. This submission, made by learned State Counsel, is not disputed by learned counsel for petitioner. 2025:UHC:3949 7. The writ petition is, accordingly, disposed of by permitting petitioner to approach the Appellate Forum i.e. Commissioner within two weeks from today. If he files Appeal within stipulated time along with Interim Relief Application, the prayer for interim relief shall be considered within two weeks of filing such application. For a period of four weeks or till disposal of petitioner’s Interim Relief Application, whichever is earlier, no coercive action shall be taken against the petitioner for recovery of outstanding dues. (Manoj Kumar Tiwari, J.) 15.05.2025 Navin NAVEEN CHANDRA Digitally signed by NAVEEN CHANDRA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3be23325146e76a0642bdf4943fb9046f487df006da82a 131bb4e4403d3c0a15, postalCode=263001, st=UTTARAKHAND, serialNumber=18167EEFB5CA8CFFD421A103819DA875643AF56 D653D095C6ED9A86DAAB21CE5, cn=NAVEEN CHANDRA Date: 2025.05.15 19:12:27 -07'00'