WPMS/581/2021
2021 Latest Caselaw 853 UK

IN THE HIGH COURT OF UTTARAKHAND
                   AT NAINITAL
        ON THE 12TH DAY OF MARCH, 2021
                         BEFORE:
 HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI
       Writ Petition (M/S) No. 581 of 2021
BETWEEN:

Harjinder Singh                           ...Petitioner
     (By Ms. Menika Tripathi, Advocate)

AND:

State of Uttarakhand & others             ... Respondents
     (By Mr. T.S. Phartiyal, learned Additional C.S.C.)

                       JUDGMENT

According to the petitioner, he was given a licence for storage of river bed material, which expired on 10.03.2019 and subsequently, the same was renewed upto 09.03.2021.

2. Petitioner is aggrieved by an order passed by District Magistrate, Udham Singh Nagar on 25.10.2019, whereby he has been asked to deposit a sum of `12,33,760/- as royalty for storing illegally procured river bed material and further a sum of `2,00,000/- as penalty, within a period of one month, failing which the said amount was to be recovered as arrears of land revenue.

3. Ms. Menka Tripathi, learned counsel for the petitioner submits that a show cause notice was issued to the petitioner before passing the said order and petitioner had given detail reply, denying the allegation made in the show cause notice, however, according to her, petitioner's reply was not placed

before the District Magistrate, Udham Singh Nagar. Consequently, petitioner's version could not be considered by the District Magistrate, while passing the impugned order. Learned counsel further submits that petitioner had filed an application seeking recall of the order passed by District Magistrate, however, the said application was rejected on the ground that, if petitioner is aggrieved by the order of District Magistrate, he may approach the appellate forum.

4. Admittedly, petitioner has a remedy of appeal under Rule 14 of Uttarakhand Minerals (Prevention of Illegal Mining, Transportation & Storage) Rules, therefore, this Court is not inclined to entertain the writ petition at this stage.

5. Accordingly, the writ petition is disposed of with liberty to the petitioner to file an appeal before the Commissioner, Kumaon Division within two weeks from today. If such appeal is filed within stipulated time, Commissioner shall hear and decide the appeal on merits, as early as possible, but not later than four months from the date of production of certified copy of this order.

6. It shall be open to the petitioner to file an application seeking stay of District Magistrate's order. For a period of four weeks or till consideration of petitioner's stay application, whichever is earlier, recovery proceedings pending against the petitioner shall be kept in abeyance.

7. Let certified copy of this order be supplied to the parties by 15.03.2021.

(MANOJ KUMAR TIWARI, J.) Aswal