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2025 DAILYLAW 71439 (ALL)

DHANMAN SINGH v. State of UP AND 2 OTHERS

WRIC/20586/2024 · 2025-07-02

Ashwani Kumar Mishra, Jayant Banerji

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:103563-DB Court No. - 40 Case :- WRIT - C No. - 20586 of 2024 Petitioner :- Dhanman Singh Respondent :- State Of Up And 2 Others Counsel for Petitioner :- Rajendra Kumar Misra,Rudra Kant Mishra,Satya Prakash Pandey Counsel for Respondent :- C.S.C. Hon'ble Ashwani Kumar Mishra,J. Hon'ble Jayant Banerji,J. 1. This writ petition is directed against an order passed by the Senior Mines Officer on behalf of the District Magistrate, Sonbhadra dated 4.6.2024. The order impugned records that petitioner was transporting mineral in contravention to the provisions contained under U.P. Mineral (Prevention of Illegal Mining, Transportation and Storage) Rules, 2018, as per which, no person can transport mineral except in accordance with the provisions of the Rules of 2018. A demand of Rs. 7,00,048/- has been imposed upon the petitioner. 2. The order impugned is assailed primarily on the ground that no request was made to the concerned authority for passing such order. This contention of the petitioner is disputed by the respondents, who have placed on record an application of the petitioner dated 17.5.2024 for release of vehicle upon deposit of compounding fee. The petitioner's contention that he had moved such application on incorrect advice cannot be countenanced. 3. We otherwise find that the petitioner has the remedy of filing an appeal under Rule 15 of the Rules of 2018 against the order impugned. All question raised in respect of legality of the impugned order can be examined in such appeal. Since, statutory remedy of filing appeal is available to the petitioner, as such we are not inclined to entertain the present writ petition by passing the statutory remedy. 4. This writ petition is, accordingly, consigned to the records. It is, however, provided that if an appeal is preferred within two weeks from today, the same shall be entertained without raising any objection with regard to limitation. Order Date :- 3.7.2025 A. V. Singh Digitally signed by :- AJAY VIKRAM SINGH High Court of Judicature at Allahabad