Neutral Citation No. - 2025:AHC:108437-DB Court No. - 40 Case :- WRIT - C No. - 21226 of 2025 Petitioner :- Amit Kumar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Krishna Kant Shukla Counsel for Respondent :- C.S.C. Hon'ble Ashwani Kumar Mishra,J. Hon'ble Jayant Banerji,J. This petition is directed against an order dated 9.5.2025 passed by District Magistrate, Mirzapur, whereby certain amount is directed to be deposited by the petitioner towards royalty for illegal mining. Various submissions are made on behalf of the petitioner to submit that such amount is not due and payable. Learned Standing counsel, however, submits that the petitioner has effective and efficacious remedy of preferring an appeal before the appellate authority under Rule 79 of the U.P. Minor Minerals (Concession) Rules, 2021 which has not been availed. In the facts of the case, we are of the view that various factual issues raised by the petitioner can more appropriately be examined by the appellant authority, at the first instance. Since such statutory remedy is not availed, we decline to revoke our extraordinary jurisdiction under Article 226 of the Constitution of India. However, in the facts of the case, if an appeal is preferred within two weeks from today alongwith a certified copy of this order, the same shall be entertained without raising any objection with regard to limitation. Subject to the observations made above, this petition is consigned to records. Order Date :- 9.7.2025 RA Digitally signed by :- RAZIQ ALI High Court of Judicature at Allahabad Digitally signed by :- RAZIQ ALI High Court of Judicature at Allahabad