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Uttarakhand High Court
April 16 vs State Of Uttarakhand & Ors on 16 April, 2026
2026:UHC:2683-DB
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
THE HON'BLE CHIEF JUSTICE MR. MANOJ KUMAR GUPTA
AND
THE HON'BLE JUSTICE MR. SUBHASH UPADHYAY
Writ Petition (M/B) No.259 of 2026
April 16, 2026
Mamchand ----Petitioner
Versus
State of Uttarakhand & Ors. ----Respondents
------------------------------------------------------------------
Presence:-
Mr. Narendra Bali, learned counsel for the petitioner
Mr. Rajeev Singh Bisht, learned Additional C.S.C. for the State
JUDGMENT :
(per Mr. Manoj Kumar Gupta C. J.)
1. Heard learned counsel for the parties.
2. The present writ petition has been filed by the
petitioner claiming that he is owner of khasra no.557
admeasuring 0.656 hectares situated at Village Ferupur
Ramkheda, Pargana Jwalapur, Tehsil and District Haridwar.
The adjoining land bearing khasra nos.561, 558, 577, 572
and 559 are recorded in the name of private respondents. It
is alleged that the private respondents have established a
stone crusher over their land in the name and style "M/s Pal
Stone Crusher" and have carried out illegal mining by digging
earth and thereby creating a deep pit approximately 30 feet
in depth, which resulted in erosion of soil from the field of the
2026:UHC:2683-DB
petitioner during the rainy season. The further case of the
petitioner is that the District Magistrate had imposed penalty
on the private respondents for carrying out illegal mining.
The petitioner has made representation to the District
Magistrate on 16.12.2024 and has now filed the present writ
petition with the following prayers:-
"(i) Issue a writ, order or direction in the nature of
mandamus commanding the respondents to take strict legal
action against the private respondents for illegal mining
activities.
(ii) Issue a writ, order or direction in the nature of
mandamus directing the private respondents to fill the
excavated pit and restore the petitioner's land to its original
condition.
(iii) Issue a writ, order or direction in the nature of
mandamus directing the respondent no.3 to decide the
representation of the petitioner dated 16.12.2024 pending
before the District Magistrate, Haridwar (contained as
Annexure no.8 to this writ petition)."
3. It has come in a recent report of Revenue
Inspector that at present no mining activity is being carried
out by the private respondents. The mining was done in the
past in respect of which penalty was imposed on the private
respondent. As at present no mining is being done, therefore,
no further action is required to be undertaken by the
Department.
4. Once it is not disputed that at present no mining is
being carried out, the stand taken in the report of the
Revenue Inspector that no further action is required to be
2026:UHC:2683-DB
taken by the Department appears to be correct. The
petitioner has already served a notice on the private
respondents, through his Advocate, claiming damages to the
tune of ₹ 50.00 lakhs.
5. In case, the petitioner has suffered any damage on
account of any illegal mining carried out by the private
respondents over their land, it shall be open to the petitioner
to avail civil remedies. No good ground is made out to
examine the claim in exercise of writ jurisdiction.
6. Accordingly, the writ petition is disposed of with
liberty as aforesaid to the petitioner.
7. Pending application(s), if any, also stands disposed
of.
(MANOJ KUMAR GUPTA, C. J.)
(SUBHASH UPADHYAY, J.)
Dated: 16.04.2026
Rajni
RAJINI
2.5.4.20=97cfa6e4cbd49c07b876db
GUSAI
48448ac3701a9ae475a2547e4b7f1
d9b1f17d01342,
postalCode=263001,
st=UTTARAKHAND,
serialNumber=8D039BC77BD1A222
N
2B4DF4FC80D4557562F95BEBA013
F530616A158A0A878BD8,
cn=RAJINI GUSAIN
Date: 2026.04.16 16:04:08 +05'30'
