Citation : 2026 Latest Caselaw 2815 UK
Judgement Date : 8 April, 2026
Office Notes,
reports, orders or
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Date COURT'S OR JUDGES'S ORDERS
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08.04. WPMS No.783 of 2026
2026 Hon'ble Alok Kumar Verma, J.
The Additional Collector/ Additional District Magistrate, Udham Singh Nagar imposed a penalty of Rs.7,83,500/- on the petitioner for illegal mining. An Appeal (Appeal No.37/23-24) was filed against the said judgment dated 02.08.2024, passed in Case No.52/01/02 of 2016, "State of Uttarakhand vs. Shri Jagjeet Singh alias Lakki". The said Appeal has been dismissed vide judgment dated 22.01.2025, passed by the Commissioner, Kumaun Mandal, Nainital. Hence, the present writ petition under Article 227 of the Constitution of India.
2. Heard Mr. Shobhit Joshi, learned counsel for the petitioner and Mr. Ghanshyam Joshi, learned Additional Chief Standing Counsel with Mr. C.S. Joshi, learned Brief Holder for the respondents.
3. Mr. Shobhit Joshi, Advocate, has contended that the alleged illegal mining material is said to have been recovered from Balaji Action Factory, but, the manner in which the petitioner's name surfaced has not been clarified. No evidence exists for the taking over of the alleged material, clearly indicating that the alleged material was never seized. An FIR was also registered along with the said allegations. A closure report was filed in the said FIR, which has been accepted. In a similar matter (WPMS No.2614 of 2024) Co- ordinate Bench directed on 13.11.2024 that no coercive measure shall be taken against the petitioner.
4. Admit.
5. Mr. Ghanshyam Joshi, Additional Chief Standing Counsel, has sought three weeks' time to file counter affidavit.
6. Time is granted.
7. List on 28.05.2026. Till then, the effect and operation of the judgment dated 02.08.2024 and the judgment dated 22.01.2025 are kept in abeyance.
(Alok Kumar Verma, J.) 08.04.2026
Pant/
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