Abdul Hamid And Others vs State Of Uttarakhand And & Others
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Uttarakhand High Court

Abdul Hamid And Others vs State Of Uttarakhand And & Others on 27 March, 2026

                                                                   2026:UHC:2175-DB




HIGH COURT OF UTTARAKHAND AT NAINITAL
  THE HON'BLE CHIEF JUSTICE SHRI MANOJ KUMAR GUPTA

                                       AND

         THE HON'BLE JUSTICE SHRI SUBHASH UPADHYAY
                       27th March, 2026

              Writ Petition (M/B) No. 973 of 2025

Abdul Hamid and others
                                                                ------Petitioner

                                       Versus

State of Uttarakhand and & others                -----Respondents
----------------------------------------------------------------------
Presence:-
Mr. Ankurit Raj David, learned counsel for the petitioners.
Mr. S.M.S.Mehta, learned Brief Holder for the State/respondents.
-----------------------------------------------------------------------------------------


JUDGMENT:

(per Manoj Kumar Gupta, C.J.)

1. The petitioners have assailed an order dated

19.06.2025, passed by Commissioner, Kumoun

Division, Nainital, whereby Revision filed by the

petitioners challenging the order of Sub Divisional

Magistrate, Bazpur, District Udham Singh Nagar, dated

08.07.2024 seeking recovery of royalty and penalty of

certain amount for illegal mining has been dismissed.

2. Learned State counsel submits that the

petitioners have remedy of filing review under Rule 16

of the Uttarakhand Mineral (Prevention of Illegal Mining

2026:UHC:2175-DB Transportation and Storage) Rules, 2005 as amended

from time to time.

3. Learned counsel for the petitioners does not

dispute the same.

4. Consequently, we decline to examine the

challenge and relegate the petitioners to the remedy

available under Rule 16 of the Rules 2005, as amended

by the Uttarakhand Mineral (Prevention of Illegal Mining

Transportation and Storage) (Amendment) Rules, 2015.

5. The petition stands disposed of.

6. Pending application, if any, also stands

disposed of.

(MANOJ KUMAR GUPTA, C.J.)

(SUBHASH UPADHYAY, J.) Dated: 27.03.2026 Kaushal