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2025 DAILYLAW 72262 (ALL)

M/S KAMTANATH ENTERPRISES PRIVATE LIMITED v. STATE OF U.P. AND 4 OTHERS

WRIC/21571/2025 · 2025-07-08

Ashwani Kumar Mishra, Jayant Banerji

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:108418-DB Court No. - 40 Case :- WRIT - C No. - 21571 of 2025 Petitioner :- M/S Kamtanath Enterprises Private Limited Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Utkarsh Prasad Counsel for Respondent :- C.S.C. Hon'ble Ashwani Kumar Mishra,J. Hon'ble Jayant Banerji,J. 1. This petition is directed against an order passed by the District Magistrate, Jalaun dated 28.5.2025 cancelling the petitioner's contract for non-deposit of royalty and for other violations of the contractual clauses. 2. A preliminary objection is taken to the maintainability of the writ by Shri Rajeshwar Tripathi, learned Chief Standing Counsel on the ground that petitioner has remedy of filing an appeal/revision under the U.P. Minor Mineral (Concession) Rules, 2021 which has not been availed. It is also submitted that factual issues raised can more appropriately be gone into by the alternative forum at the first instance. 3. Faced with the objection raised with regard to maintainability of the writ, Shri Mukesh Prasad, learned Senior Counsel for the petitioner comes up with the prayer to withdraw this writ petition with liberty to pursue the alternative remedy. 4. This writ petition is dismissed, accordingly. 5. In the event, an appeal/revision is filed within two weeks from today, the same shall be entertained without raising any objection with regard to limitation. The petitioner shall also be at liberty to move appropriate interim application in the matter. Order Date :- 9.7.2025 A. V. Singh Digitally signed by :- AJAY VIKRAM SINGH High Court of Judicature at Allahabad