Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:85126-DB Court No. - 3 Case :- WRIT - C No. - 16387 of 2025 Petitioner :- Rajesh Kumar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Priyavrat Tripathi,Ram Adhar Yadav Counsel for Respondent :- C.S.C. Hon'ble Salil Kumar Rai,J. Hon'ble Arun Kumar Singh Deshwal,J.
1. Heard the counsel for the parties.
2. The present petition has been filed for the following reliefs:
"I. Issue a writ, order or direction in the nature of certiorari quashing the recovery certificate sum Ruppees 21,89,600/- issued by respondent no.4. II. Issue a writ, order or direction in the nature of Mandamus commanding directing the respondent no.2, to take decision on the objection/representation dated 10.01.2025 and disposed of the same within time bound period. III. Issue a writ, order or direction in the nature of mandamus commanding directing the respondent no.2 to permit the sand/ret of 2600 ghan meter accruing to the latter of intent dated 7.6.2024 issued by him."
3. The documents annexed with the writ petition disclose that a show cause notice dated 26.06.2024 was issued to the petitioner charging him with illegal mining.
4. The petitioner states that he had filed his objection to the said show cause notice. Relief no.II is sought by the petitioner on the averment that his objections have not been decided by the competent authority. A recovery citation has been issued for recovery of an amount due on the petitioner as penalty and other charges for illegal mining.
5. The Standing Counsel representing the State- respondents has obtained instructions and on the basis of his instructions states that the recovery citation has been issued after the objection of the petitioner was rejected vide
order dated 11.01.2025 passed by the District Magistrate, Saharanpur.
6. The order dated 11.01.2025 has not been challenged in the present petition. The petitioner has concealed material
facts. However, we refrain from imposing any cost on the petitioner.
7. As the claim of the petitioner has been decided by the District Magistrate, Saharanpur and the order imposing penalty and other cost on the petitioner has not been challenged, the present petition is not maintainable and is dismissed as such.
Order Date :- 21.5.2025 S.Chaurasia Digitally signed by :- SHUBHAM CHAURASIA High Court of Judicature at Allahabad