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Uttarakhand High Court
Mohd. Rizwan vs State Of Uttarakhand And Others on 20 March, 2026
2026:UHC:1988-DB
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
HON'BLE THE CHIEF JUSTICE SHRI MANOJ KUMAR GUPTA
AND
HON'BLE SHRI JUSTICE SUBHASH UPADHYAY
20TH MARCH, 2026
WRIT PETITION (M/B) No. 171 OF 2026
Mohd. Rizwan.
...Petitioner
Versus
State of Uttarakhand and others.
...Respondents
Counsel for the petitioner. : Mr. D.C.S. Rawat, Mr. Anil Kumar Joshi
and Mr. Deepak Mishra, learned counsel.
Counsel for the respondent nos. 1 : Mr. Gajendra Tripathi and Mr. Y.C. Tiwari,
to 4. learned Standing Counsel for the State of
Uttarakhand.
Counsel for respondent no. 5. : Ms. Menka Tripathi, learned counsel.
JUDGMENT :
(per Shri Manoj Kumar Gupta, C.J.)
1. The present Writ Petition has been filed, praying for
the following reliefs :-
"i) Issue a writ of certiorari quashing the impugned Vehicle
Challan No.VC6700001044 dated 10.3.2026, Vehicle
Challan No.VC6700001045 dated 10.3.2026 and
Vehicle Challan No.VC6700001046 dated 10.3.2026
issued under the authority of Director of Geology and
Mining of Uttarakhand (contained as Annexure No.1 to
this writ petition).
ii) Issue a writ, order or direction in the nature of
mandamus commanding and directing the respondents
to release the vehicles of the petitioner confiscated by
the impugned Vehicle Challan No.VC6700001044 dated
10.3.2026,Vehicle Challan No.VC6700001045 dated
10.3.2026 and Vehicle Challan No. VC6700001046
dated 10.3.2026."
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2. The case of the petitioner is that he was transporting
ordinary soil, purchased from one Guru Kripa Enterprises,
through Inter State Transit Pass, issued under Uttarakhand
Minor Minerals (Concession) Rules, 2023. On 10.03.2026, the
vehicles were checked at Matish Check Post by one Krishna
Teja, District In-Charge, Kailash Riverbed Mineral, Udham
Singh Nagar. It is alleged that he, without examining the
Transit Pass, forcibly got the vehicles weighed and challaned,
alleging overloading. The submission is that respondent no. 5
is a private person, and he had no authority to challan or
detain the vehicles.
3. In view of the said submission, we granted time on
19.03.2026 to learned State Counsel to obtain instructions, as
regards the power of respondent no. 5 to detain the vehicles,
or issue any challan.
4. Learned State Counsel has placed on record the
instructions received from the District Mining Officer dated
19.03.2026. The stand taken therein is that respondent no. 5
has been given contract after inviting tenders, in terms of Rule
69(5) of the Uttarakhand Minor Minerals (Concession) Rules,
2023. It is also the case of the respondents that the trucks
were found overloaded, and that the e-Ravanna, on basis of
which the minor minerals were being transported, authorized
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the petitioner to transport 30 tonnes of ordinary soil, while
after the vehicles were intercepted, the petitioner got another
set of e-Ravannas generated to cover up the illegality.
5. Rule 69 of the Uttarakhand Minor Minerals
(Concession) Rules, 2023 reads as follows :-
"69. Proprietary or Dead Rent may be collected through
contractor/tender:-
(1) The Government may arrange for the collection of
Proprietary or Dead Rent from the holders of mining leases
by the selected contractor/successful tenderer and such
holders shall, when directed by the State Government to do
so, pay Proprietary or Dead Rent at the rates specified in
their lease to the said contractors/tenderers within such
period as may be directed.
(2) Non-payment of dues by the selected
contractor/successful tenderer or the holder of the mining
lease or the ownership or dead rent, as the case may be,
shall have the same consequences as if the payment was
made to the State Government and in that event the State
Government shall have all such rights as are provided in
these rules in respect of recovery of the dues from the lessee
and termination of the lease.
(3) The State Government may enter into an agreement
with any person, as deemed fit, for collection of ownership or
dead rent from the holders of mining leases in the specified
area for a period of five years or more, by negotiation or
inviting tenders or by e-tender/e-auction or in any other
manner on such terms and conditions as may be considered
appropriate. For determining the criteria of eligibility and
auction process for selection of contractor/tenderer, the
Director, Directorate of Geology and Mining shall prepare a
separate tender form and obtain approval from the
Government.
(4) The contractor/successful tenderer selected as above
shall be given priority in granting mining lease in vacant sub-
mineral areas having river bed availability within the State
territory, as per Chapter-2 of the Rules.
(5) Permission may be granted to the selected
contractor/successful tenderer on request to visit the
departmental e-Ravanna portal for discharging the
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responsibilities given under the contract and for prevention of
illegal mining/transportation/storage from the Director,
Directorate of Geology and Mining."
6. A bare perusal of the aforesaid provision reveals that
Government is authorized to appoint a contractor for collection
of proprietary or dead rent from the holders of mining leases,
and the selected contractor can be authorized to visit the
departmental e-Ravanna Portal, for discharging the
responsibilities given to him under the contract, to prevent
illegal mining/ transportation/ storage.
7. The e-challans, which have been generated in the
instant case, were on the e-portal, and, therefore, it cannot be
said that the same were issued by respondent no. 5. The e-
challans also reveal that the same have been issued under the
authority of Directorate of Geology & Mining, Uttarakhand, and
the reason given for challan of the vehicles is :- "found greater
weight than recorded in the e-Ravanna/ ISTP form".
8. Thus, the submission of learned counsel for the
petitioner, that respondent no. 5 was not empowered to stop
or weigh the vehicles, cannot be accepted.
9. Learned State Counsel further submits that, after
the petitioner was found transporting minerals contrary to the
e-Ravanna, he, himself, offered to pay the entire amount and,
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therefore, the respondents have not initiated any proceedings
for seizure and confiscation. It is submitted that respondent
no. 5, after noticing the discrepancy, handed over the vehicles
to the nearest Police Station, and it is submitted that, in case
the amount under the e-challans is deposited by the
petitioner, the respondents would immediately handover the
vehicles to the petitioner.
10. Shri D.C.S. Rawat, learned counsel for the petitioner
submitted that even otherwise, the vehicles were wrongly
challaned, as the minerals were being transported on basis of
valid e-Ravanna. He submits that the petitioner may be
permitted to deposit the penalty amount under protest, and
the vehicles be directed to be handed over to the petitioner
forthwith.
11. Learned State Counsel submits that, as soon as the
amount, under the e-challans, is deposited, the vehicles shall
be handed over to the petitioner.
12. In view of the stand taken by the counsel for the
parties, we dispose of the Writ Petition, by providing that it
shall be open to the petitioner to deposit the amount, being
demanded from him on basis of impugned challans, without
prejudice to his right to challenge the e-challans in the manner
provided under law. It is further provided that, as soon as the
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amount is deposited, the respondents would hand over the
possession of the vehicles to the petitioner.
13. All pending applications stand disposed of
accordingly.
______________________
MANOJ KUMAR GUPTA, C.J.
___________________
SUBHASH UPADHYAY, J.
Dt: 20th March, 2026
Rahul
