Karan Pal vs State Of Uttarakhand And Others
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Uttarakhand High Court

Karan Pal vs State Of Uttarakhand And Others on 9 December, 2025

Author: Ravindra Maithani

Bench: Ravindra Maithani

     HIGH COURT OF UTTARAKHAND AT NAINITAL
                Writ Petition No. 1005 of 2025 (M/B)

Karan Pal                                                ..........Petitioner

                                    Vs.

State of Uttarakhand and others                        ........ Respondents

Present :   Mr. Avidit Noliyal, Advocate for the petitioner.
            Mr. Gajendra Tripathi, Standing Counsel with Mr. Sachin Mohan
            Singh Mehta, Brief Holder for the State of Uttarakhand/respondent
            nos.1 to 6.

                              JUDGMENT

Coram:        Hon'ble Ravindra Maithani, J.
              Hon'ble Alok Mahra, J.

Hon'ble Ravindra Maithani, J. (Oral)

The challenge in this petition is made to the Recovery

Certificate dated 29.11.2018, issued by the District Magistrate

Haridwar and the Recovery Citation dated 10.10.2025, issued by

the SDM Haridwar and Tehsildar Haridwar for recovery of

Rs.5,38,800/- with further directions to the respondents to comply

with the appellate court's order dated 18.04.2019, passed by the

Commissioner, Garhwal Mandal.

2. Heard learned counsel for the parties and perused the

record.

3. It is the case of the petitioner that with regard to the

illegal mining, a penalty of Rs.5,38,800/- was imposed on the

petitioner and recovery citation was issued by the respondent no.4,

the District Magistrate, Haridwar, pursuant to which, a show cause

notice was issued to the petitioner.

4. Learned counsel for the petitioner submits that the

order passed by the District Magistrate, Haridwar was challenged

by the petitioner in Appeal No. 29/2018-19, Karanpal Vs.

Government in the court of Commissioner, Garhwal Mandal, Pauri

("the appeal"). The appeal was decided on 18.04.2019 and the

penalty was reduced to Rs.3,35,520/- + Rs.5,000/- charges for fee

of the appeal. He submits that the petitioner is liable to pay this

amount and not fine.

5. Since the order passed by the District Magistrate,

Haridwar has already been modified in the appeal, therefore, the

process for recovery shall be made in accordance to the order dated

18.04.2019, passed in the appeal for recovery of Rs.3,35,520/- the

penalty + Rs.5,000/- fee for appeal. The Recovery Citation shall

confine to this amount and other admissible expenses. The

petitioner may file response to the notice issued to him. The writ

petition stands disposed of accordingly.

(Alok Mahra, J.) (Ravindra Maithani, J.) 09.12.2025 Sanjay

SANJAY

DN: c=IN, o=HIGH COURT OF UTTARAKHAND,

2.5.4.20=e50e50b49596520698eff87e0a08bbd5 04686df4d1afc60f54a287831dec46fe,

KANOJIA postalCode=263001, st=UTTARAKHAND, serialNumber=26EEB7122ED0DD23233A255DD 8EC450A84B515A087CAEFD1B3179A7DEAE406 99, cn=SANJAY KANOJIA Date: 2025.12.10 15:27:57 +05'30'