Smt. Ramwati vs State Of U.P. Thru Secy. And ...
2013 Latest Caselaw 5269 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 37
 
Case :- WRIT - C No. - 44542 of 2013
 
Petitioner :- Smt. Ramwati
 
Respondent :- State Of U.P. Thru Secy. And Another
 
Counsel for Petitioner :- Rajeev Kumar Rai
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Ashok Bhushan,J.

Hon'ble Vipin Sinha,J.

Heard learned counsel for the petitioner and learned standing counsel.

By means of this writ petition, petitioner has prayed for quashing the order dated 27.05.2013 passed by Collector for recovery of Rs. 27,72,000/- as value of minerals and allegation of illegal mining was made against the petitioner.

Learned counsel for the petitioner submits that petitioner had filed objection which was not considered by the Collector. He further submits that there are several co-tenure holders in the Plot No. 80.

Learned standing counsel submits that under Rule 77 of U.P. Minor Minerals (Concession) Rules, 1963, petitioner has statutory remedy  of appeal before the Commissioner against such order. Such Rule is quoted herein below:

"77. Appeal - An appeal against an order passed under these rules by the District Officer of the Committee shall lie to the Divisional Commissioner within a period of sixty days from the date of communication of such order to the party aggrieved."

We are of the view that petitioner may avail the said remedy. It is open for the petitioner to make an application for interim relief as he may be advised.

Since there being the statutory remedy available to the petitioner, the writ petition cannot be entertained.

The writ petition is dismissed on the ground of alternative remedy.

Order Date :- 29.8.2013

Sandeep