7 March vs State Of Uttarakhand And Ors
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Uttarakhand High Court

7 March vs State Of Uttarakhand And Ors on 17 March, 2026

Author: Pankaj Purohit

Bench: Pankaj Purohit

                                                         2026:UHC:1785



HIGH COURT OF UTTARAKHAND AT NAINITAL
        Writ Petition Misc. Single No. 584 of 2026
                         17 March, 2026
Gulzar and Ors.                                         --Petitioners
                               Versus
State Of Uttarakhand and Ors.                       --Respondents
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Presence:-
     Mr. Mohd. Safdar, learned counsel for petitioners.
     Mr. N.S. Pundir, learned D.A.G. with Mr. B.S. Koranga,
     learned Brief Holder for the State of Uttarakhand/
     respondents.
Hon'ble Pankaj Purohit, J. (Oral)

By means of the present writ petition, petitioners have sought the indulgence of this Court for quashing impugned order dated 18.09.2025 passed by learned Additional District Magistrate (Administration), Haridwar, in Case No.351 of 2021 State Vs. Gulzar and Ors., passed under Rule 14(5)(d)([k)(x) of the Uttarakhand Mineral (Prevention of Illegal Mining, Illegal Transportation and Illegal Storage) Rule 2021, whereby, penalty of Rs.1,29,65,920/- was imposed upon the petitioners for illegal mining and storage and further other ancillary reliefs.

2. At the outset, it is submitted by learned counsel for petitioners that an appeal i.e. Shri Ali Jaan and Others Vs. State of Uttarakhand and Another, has also been filed against impugned order dated 18.09.2025 before learned Commissioner, Garhwal Division. But, this writ petition has been filed only on the premise that the said appeal has not been decided by the learned Commissioner, Garhwal Division, for the reason that vide order dated 11.11.2025, learned Commissioner, Garhwal

2026:UHC:1785 Division has issued a letter to Secretary, Industrial Development (Mining), Section-1, Dehradun, stating therein that on one point of time, learned Commissioner was posted as District Magistrate, Haridwar and has issued a show cause notice to the petitioners on 08/09.12.2021.

3. It is further submitted by learned counsel for petitioners that for the reason that learned Commissioner, Garhwal Division, was District Magistrate, Haridwar at one point of time and has issued show cause notice to petitioners, he cannot hear the aforesaid Appeal.

4. Learned State Counsel was asked to seek instructions in the matter that on such scenario as to whether the Appeal can be heard by another officer or not.

5. Today, learned State Counsel, on instructions, submitted that learned Additional Commissioner, can very well hear the Appeal in the above background and facts of the scenario.

6. In view of the statement made by learned State Counsel, the present writ petition is disposed of. It is directed that the Appeal filed by petitioners i.e. Shri Ali Jaan and Others Vs. State of Uttarakhand and Another, pending in the court of learned Commissioner, Garhwal Division, shall be decided expeditiously by the learned Additional Commissioner, Garhwal Division, and the learned Commissioner, Garhwal Division, shall remit the file of aforesaid Appeal to the office of learned Additional Commissioner, Garhwal Division for the said purpose.

7. Pending application also stands disposed of.

(Pankaj Purohit, J.) 17.03.2026 PN