WPMS/453/2021
2021 Latest Caselaw 511 UK

     IN THE HIGH COURT OF UTTARAKHAND
                     AT NAINITAL
        ON THE 25th DAY OF FEBRUARY, 2021
                          BEFORE:
     HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI


         Writ Petition (M/S) No. 453 of 2021


BETWEEN:
      Keshar Singh                              ....Petitioner
      (Mr. D.S. Mehta, Advocate)


AND:
      State of Uttarakhand & others
                                                ....Respondent
      (Mr. Tumul K. Nainwal, Brief Holder for the State of
      Uttarakhand/respondents)



                        JUDGMENT

Petitioner is aggrieved by order dated 25.10.2019 passed by District Magistrate, Udham Singh Nagar. By the impugned order, petitioner has been asked to pay ` 13,68,750/-+penalty for the illegal mining, which is done by him over an agricultural land.

2. Since the order impugned in the writ petition is appealable under the provisions contained in Uttarakhand Minerals (Prevention of Illegal Mining, Transportation & Storage) Rules, 2005 (as amended in the year 2016), therefore, this Court is not inclined to entertain this writ petition.

3. Accordingly, writ petition is dismissed on the ground of alternative remedy. However, petitioner shall be at liberty to file Appeal, in terms of the aforesaid

Rules, within three weeks from today. If Appeal is filed within the stipulated time, the same shall be heard on merits.

4. For a period of four weeks, no coercive action shall be taken against the petitioner.

(MANOJ KUMAR TIWARI, J.) Navin