2026:UHC:2175-DB HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE CHIEF JUSTICE SHRI MANOJ KUMAR GUPTA AND THE HON’BLE JUSTICE SHRI SUBHASH UPADHYAY 27th March, 2026 Writ Petition (M/B) No. 973 of 2025 Abdul Hamid and others ------Petitioner Versus State of Uttarakhand and & others -----Respondents ---------------------------------------------------------------------- Presence:- Mr. Ankurit Raj David, learned counsel for the petitioners. Mr. S.M.S.Mehta, learned Brief Holder for the State/respondents. ----------------------------------------------------------------------------------------- JUDGMENT: (per Manoj Kumar Gupta, C.J.) 1. The petitioners have assailed an order dated 19.06.2025, passed by Commissioner, Kumoun Division, Nainital, whereby Revision filed by the petitioners challenging the order of Sub Divisional Magistrate, Bazpur, District Udham Singh Nagar, dated 08.07.2024 seeking recovery of royalty and penalty of certain amount for illegal mining has been dismissed. 2. Learned State counsel submits that the petitioners have remedy of filing review under Rule 16 of the Uttarakhand Mineral (Prevention of Illegal Mining 1 2026:UHC:2175-DB Transportation and Storage) Rules, 2005 as amended from time to time. 3. Learned counsel for the petitioners does not dispute the same. 4. Consequently, we decline to examine the challenge and relegate the petitioners to the remedy available under Rule 16 of the Rules 2005, as amended by the Uttarakhand Mineral (Prevention of Illegal Mining Transportation and Storage) (Amendment) Rules, 2015. 5. The petition stands disposed of. 6. Pending application, if any, also stands disposed of. (MANOJ KUMAR GUPTA, C.J.) (SUBHASH UPADHYAY, J.) Dated: 27.03.2026 Kaushal 2