Neutral Citation No. - 2025:AHC:111199-DB Court No. - 40 Case :- WRIT - C No. - 35793 of 2022 Petitioner :- Om Prakash Alias Omi Kushwaha And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Awadhesh Prasad,Devraj Rajvedi,Rajiv Dwivedi Counsel for Respondent :- Kartikeya Saran,Srishti Gupta Hon'ble Ashwani Kumar Mishra,J. Hon'ble Jayant Banerji,J. 1. Heard counsel for the petitioner, learned Standing Counsel for the State authorities and Ms. Shrishti Gupta, Advocate appearing for the applicant, who has sought intervention. 2. Petitioner is aggrieved by issuance of a recovery certificate by the District Magistrate, Jhansi, pursuant to an order passed by the officer concerned holding the petitioner guilty of illegal mining. Computation of liability has also been undertaken in appropriate proceedings. Aggrieved by it, the petitioner is before this Court. 3. Various factual issues are raised on behalf of the petitioner to contend that the impugned recovery certificate is bad in law. 4. An objection is taken to the maintainability of the writ petition on the ground that various factual issues raised by the petitioner can more appropriately be examined in statutory appeal, which can be filed before the Divisional Commissioner under rule 79 of U.P. Minor Mineral (Concession) Rules, 2021. Such appeal has not been filed. 5. As we find that various factual issues also fall for determination in respect of which appellate authority will have ample power to investigate the facts, we are not inclined to entertain the present petition. 6. Writ petition is dismissed on the ground of alternative remedy. It is, however, provided that in the event petitioner prefers an appeal within two weeks from today before the competent authority, the same shall be entertained on merits without raising any objection with regard to delay. Order Date :- 11.7.2025 Ashok Kr. Digitally signed by :- ASHOK KUMAR High Court of Judicature at Allahabad