WPMS/626/2022
2022 Latest Caselaw 1022 UK

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                                      WPMS No.626 of 2022
                                      Hon'ble Sharad Kumar Sharma, J.

Mr. Harshit Sanwal, Advocate for the petitioner.

Mr. Pradeep Hariya, Standing Counsel for the State of Uttarakhand.

The petitioner in the present writ petition has given a challenge to the show cause Notice No.3344/Tees-10/2021-22 dated 04.03.2022, as it has been issued by the District Magistrate, based upon certain reports which has been submitted by the Sub Divisional Magistrate, with regards to certain set of allegations falling within the ambit of Section 13(2) (7) of the Uttarakhand Minerals (Prevention of Illegal Mining, Illegal Transportation and Illegal Storage) Rules, 2020.

The petitioner had responded to the notice and had already submitted his objection. The said objection which was submitted by the petitioner on 11.03.2022, is yet to be considered on its merits by the District Magistrate.

This writ petition is being disposed of with the direction to the District Magistrate, to consider the objection of the petitioner dated 11.03.2022 qua the notice of 04.03.2022, and take a final decision on the same after providing an opportunity of hearing to the petitioner.

It will be left open for the petitioner to raise all his contentions, which has been taken by him as a ground for putting a challenge to the notice before this Court.

It is expected that the decision would be taken by the District Magistrate, within a period of six weeks from the date of presentation of the certified copy of this judgment.

Subject to the aforesaid observations, the writ petition stands disposed of.

(Sharad Kumar Sharma, J.) 31.03.2022 Arti