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2025 DAILYLAW 80264 (ALL)

M/S PANNA SHIKHA DEVI BRICK KILN INDUSTRY v. STATE OF U.P. AND 3 OTHERS

WRIC/26357/2025 · 2025-08-05

Arun Kumar Singh Deshwal, Saral Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:132636-DB Court No. - 40 Case :- WRIT - C No. - 26357 of 2025 Petitioner :- M/S Panna Shikha Devi Brick Kiln Industry Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Deepak Singh Yadav,Sheo Ram Singh Counsel for Respondent :- C.S.C.,J. N. Maurya,Sarthak Singh Hon'ble Saral Srivastava,J. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard learned counsel for the petitioner; Sri Sarthak Singh, learned counsel for respondent No.3; and Sri Rajeshwar Tripathi, learned Chief Standing Counsel II for the State-respondents. 2. The petitioner, by means of the present petition, has assailed the notice dated 13.5.2025 by which the petitioner has been directed to deposit the brick kiln royalty and palothan (sandy soil) charges etc. within a period of one week from the date of notice and in the event of non depositing of the same, the recovery certificate would be issued against the petitioner. 3. Though the impugned order dated 13.5.2020 is titled as "Notice", in fact the contents of the notice reveals that it is an order, directing the petitioner to deposit the royalty as well as certain other charges. 4. Sri Rajeshwar Tripathi, learned Chief Standing Counsel II, submits that against the impugned order, there is a statutory remedy of appeal under Rule 79 of the U.P. Minor Mineral (Concession) Rules, 2021. 5. In view of the above, the writ petition is dismissed on the ground of alternative remedy. 6. However, it is provided that in case the petitioner files an appeal within a period of one month from today, the appellate authority shall decide the appeal on merit without entering into the question of limitation. Order Date :- 6.8.2025 Vandana (Arun Kumar Singh Deshwal,J) (Saral Srivastava,J. Digitally signed by :- VANDANA GAUTAM High Court of Judicature at Allahabad