2025:UHC:6061-DB 1 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL HON’BLE THE CHIEF JUSTICE SRI G. NARENDAR AND HON’BLE SRI JUSTICE ALOK MAHRA 14TH JULY, 2025 WRIT PETITION (M/B) No. 512 OF 2025 Devendra Kumar …..…Petitioner Versus State of Uttarakhand and others. …Respondents Counsel for the petitioner. : Mr. T.P.S. Takuli, learned counsel. Counsel for the respondents. : Ms. Rajni Supyal, learned Brief Holder for the State. JUDGMENT : (per Sri G. Narendar, C.J.) Heard learned counsel for the petitioner. 2. The petitioner is calling in question the order of the Regional Commissioner, Kumaon Region, Government of Uttarakhand upholding the imposition of penalty / fine etc. The provisions of Rule 78 of the Minor Mineral (Concession) Rules, 2023 (hereinafter referred to as the ‘Rules’) provide for an alternate remedy by way of a revision, whereby the State Government may, at any time, either on its own motion or on an Application made within 90 days from the date of communication of the order, examine the same and pass such order as it deems fit. 3. The order, in this matter, is passed on 09.01.2025. Apparently, the petitioner has been prosecuting before a wrong forum and by not availing the alternate remedy provided under the Rules. 2025:UHC:6061-DB 2 4. In that view, if the petitioner exercises an option to invoke the provisions of Rule 78 of the Rules within a period of two weeks, the Revisional Authority shall not dismiss the revision on the ground of delay. 5. Reserving such liberty, the instant writ petition stands rejected. 6. There shall be no order as to costs. Pending application, if any, also stands rejected. _______________ G. NARENDAR, C.J. _____________ ALOK MAHRA, J. Dt: 14th July, 2025 Rathour PRAVINDR A SINGH RATHOUR Digitally signed by PRAVINDRA SINGH RATHOUR DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=23699ccc2fd40ad81b6fd13323779d9e3 aeb1097d17dbb53d481cabd25946eed, postalCode=263001, st=UTTARAKHAND, serialNumber=1F65499E931DF71CDAF92A40CC 6179B8E010331BA695239171F906FD5C45C4E8, cn=PRAVINDRA SINGH RATHOUR Date: 2025.07.16 11:48:41 +05'30'