WPMS/480/2021
2021 Latest Caselaw 607 UK

IN THE HIGH COURT OF UTTARAKHAND
           AT NAINITAL
        ON THE 2ND DAY OF MARCH, 2021
                        BEFORE:
 HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI
       Writ Petition (M/S) No. 480 of 2021
BETWEEN:

Tahir Hasan                             ...Petitioner
     (Mr. Bilal Ahmed, Advocate)


AND:

State of Uttarakhand & others           ...Respondents

(By Mr. T.S. Pharityal, Additional C.S.C. for the State of
Uttarakhand)

                      JUDGMENT

Petitioner is aggrieved by the order dated 05.02.2021 passed by Joint Magistrate, Roorkee, District Haridwar, whereby owners of four Dumpers and two JCB Machines have been asked to deposit certain amount on the charge that these vehicles were found involved in illegal mining.

2. According to the petitioner, two JCB Machines, mentioned in the order, belong to him and he has nothing to do with four Dumpers. Learned counsel for the petitioner submits that petitioner was having valid papers for mining through these two JCB Machines, but the Joint Magistrate, Roorkee has passed the impugned order, without hearing the petitioner.

3. Having regard to the facts and circumstances of the case, the writ petition is disposed of with liberty to the petitioner to make

representation to the Joint Magistrate, Roorkee, District Haridwar, enclosing therewith all the relevant documents in support of his claim that he was not involved in illegal mining and the mining activity undertaken through his JCB Machines was with due permission. If petitioner makes such a representation within two weeks from today, the Joint Magistrate shall consider the same and take appropriate decision, in accordance with law, within a period of four weeks from the date of receipt of such representation along with certified copy of this order. For a period of six weeks or till decision is taken on petitioner's representation, whichever is earlier, no recovery shall be made from the petitioner.

4. It is further provided that if petitioner deposits a sum of `1,00,000/- for each JCB Machine, under protest pursuant to the impugned order, the Joint Magistrate, Roorkee shall consider releasing of JCB Machines of the petitioner. However, such release shall be subject to final decision to be taken by the Joint Magistrate.

5. Let certified copy of this order be supplied to the petitioner today itself.

(MANOJ KUMAR TIWARI, J.) Aswal