23 February vs State Of Uttarakhand And Ors
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Uttarakhand High Court

23 February vs State Of Uttarakhand And Ors on 23 February, 2026

Author: Pankaj Purohit

Bench: Pankaj Purohit

                                                       2026:UHC:1163



HIGH COURT OF UTTARAKHAND AT NAINITAL
        Writ Petition Misc. Single No.310 of 2026
                        23 February, 2026
Kunwarpal                                               --Petitioner
                               Versus
State Of Uttarakhand and Ors.                       --Respondents
----------------------------------------------------------------------
Presence:-
     Mr. Subhash Chand Burman, learned counsel for
     petitioner.
     Mr. Anil Dabral, learned Additional C.S.C. with Mr.
     Suyash Pant, learned Standing Counsel and Mr. B.S.
     Koranga, learned Brief Holder for State of
     Uttarakhand/respondents.
Hon'ble Pankaj Purohit, J. (Oral)

This writ petition has been filed by the petitioner seeking a direction to respondent No.3-District Magistrate/Collector, Haridwar, to decide petitioner's representation dated 03.01.2026 and further to shift the recovery in land bearing Khata No.73 Khasra No.212 to Khata No.240 Khasra No.305.

2. Under provisions of the Uttarakhand Mineral (Prevention of Illegal Mining, Storage and Transportation) Rules 2020, an order was passed against petitioner by learned Additional District Magistrate (Finance and Revenue), Haridwar, on 17.04.2023, by which, petitioner was made liable to pay a sum of Rs.22,85,360/- as royalty + penalty for illegal mining and storage of minor mineral on his agriculture land, which was allotted to him in Village Bishanpur Jharda, Ahatmal, Pargana Jwalapur, Tehsil and District Haridwar in Class--3 lease deed in Fasali Year 1425. The said deed was already cancelld by the learned Commissioner, Garhwal Devision in the year 2007.

2026:UHC:1163

3. The recovery has been directed to be done from the petitioner for land Khata No.73 Khasra No.212, which according to the petitioner is not correct as in Khasra No.212 there is a house of petitioner, and therefore, the recovery is bad.

4. Petitioner has filed a writ petition being WPMS No.791 of 2025, which was disposed of by a Coordinate Bench of this Court vide order dated 15.05.2025 and the petitioner was permitted to approach the appellate forum i.e. Commissioner, Garhwal Division, within two weeks' from the date of that order.

5. It is submitted by learned counsel for petitioner that appeal has been filed by petitioner before the learned Commissioner, Garhwal Division, which is at present pending disposal.

6. In view of the above, this Court is of the view that petitioner may raise plea that has been canvassed by him in the present writ petition before learned Appellate Court instead of filing this writ petition.

7. Thus, the present writ petition has no force and the same is accordingly dismissed in-limine.

8. Pending application(s), if any, stands disposed of.

(Pankaj Purohit, J.) 23.02.2026 PN