M/S Kissan Construction vs District Magistrate And Others
2025 Latest Caselaw 2696 UK

Uttarakhand High Court

M/S Kissan Construction vs District Magistrate And Others on 20 May, 2025

Author: Manoj Kumar Tiwari

Bench: Manoj Kumar Tiwari

                                                        2025:UHC:4152-DB
HIGH COURT OF UTTARAKHAND AT NAINITAL
        HON'BLE JUSTICE SRI MANOJ KUMAR TIWARI
                          AND
          HON'BLE JUSTICE SRI ASHISH NAITHANI
             Writ Petition (M/B) No. 177 of 2025
M/s Kissan Construction                                     -Petitioner
                                 Versus
District Magistrate and Others                        --Respondents
--------------------------------------------------------------------
Presence:-
Mr. Parikshit Saini, Advocate for the petitioner.
Mr. S.S. Chaudhary, Standing Counsel for the State of Uttarakhand.
--------------------------------------------------------------------
The Court made the following:
JUDGMENT:

(per Hon'ble Justice Sri Manoj Kumar Tiwari) Petitioner has challenged the order dated 13.01.2025, passed by District Mining Officer, Haridwar. By the said order, petitioner's prayer for extension of time for lifting soil from the agricultural field of one Suleman, was turned down.

2. Mr. S.S. Chaudhary, learned Standing Counsel appearing for the respondents has drawn attention of this Court to Rule 77 of the Uttarakhand Minor Mineral Concession Rules, 2023 to contend that the said provision provides for remedy of Appeal. Thus, he contends that since the order impugned in the Writ Petition is appealable, therefore, Writ Petition may not be entertained.

3. Mr. Parikshit Saini, learned counsel appearing for the petitioner does not dispute this contention made by the State Counsel.

4. We, therefore, dispose of the Writ Petition by permitting the petitioner to approach the Appellate Authority. If petitioner files an Appeal within ten days from today, the same shall be heard and decided by the Commissioner, Garhwal Division, as per law.

5. It shall be open to the petitioner to claim the

2025:UHC:4152-DB benefit of provision contained in Section 14 of the Limitation Act, 1963, before the Appellate Authority.

_______________________________ MANOJ KUMAR TIWARI, J.

__________________________ ASHISH NAITHANI, J.

Dt: 20th May, 2025 Shiksha

SHIKSHA

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

2.5.4.20=3410ef86ae41ec9fbabcd5dba6b3a2c24b5aa08b09c12f218

BINJOLA 22fbd40bf639b1c, postalCode=263001, st=UTTARAKHAND, serialNumber=FD80A2D028949381C52796A542D7FF0A9BED00E67 B5283D205F18FE29BDF5DD9, cn=SHIKSHA BINJOLA Date: 2025.05.20 17:29:53 +05'30'