Court No. - 1
Case :- WRIT - C No. - 20175 of 2019 Petitioner :- Brijesh Kumar Garg Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Devbrat Mukherjee Counsel for Respondent :- C.S.C.
Hon'ble Ramesh Sinha,J. Hon'ble Vivek Varma,J.
Heard Sri Devbrat Mukherjee, learned counsel for the petitioner and Sri Pradeep Kumar Tripathi, learned Standing Counsel for the State-respondents.
By means of this writ petition, the petitioner seeks the following reliefs:
"(i) to issue a writ, order or direction in the nature of certiorari to quash the order-cum-notice dated 03.06.2019 passed by the respondent no.3 herein (Additional District Magistate (Finance & Revenue)/Officer In-charge Mines, Chitrakoot).
(ii) to issue a writ, order or direction in the nature of certiorari, summon the entire records from the office of District Magistrate/Collector, Chitrakoot and quash the order if any for imposing the penalty under Rule 57 of the U.P. Minor Minerals (Concession) Rules, 1963.
(iii) to issue a writ, order or direction in the nature of mandamus, commanding and directing the respondents not to realize any amount from the petitioner as penalty under Rule 57 of the U.P. Minor Minerals (Concession) Rules, 1963, on the basis of order/notice dt. 03.06.2019."
Sri Pradeep Kumar Tripathi, learned Standing Counsel has raised a preliminary objection that the petitioner has an alternative remedy of appeal under Section 77 of the U.P. Minor Minerals (Concession) Rules, 1963, to which the learned counsel for the petitioner in rejoinder contended that the present writ petition is liable to interfered in view of the decision of the Apex Court in the case of Oryx Fisheries Private Limited Vs. Union of India and others, (2010) 13 SCC 427.
It is further contended by learned counsel for the petitioner that the impugned notice has been issued by the A.D.M.(F &R) and the power to issue notice cannot be delegated to him by the District Magistrate, to which learned Standing Counsel has pointed out that the impugned order was passed by the A.D.M. (F & R) in pursuance to the order of the District Magistrate dated 31.05.2019 and there is no illegality or perversity in the order impugned warranting any interference by this Court.
Considering the facts and circumstances of the case, but without entering into the merits of the case, we decline to interfere in the writ petition in view of the availability of statutory alternative remedy of appeal.
The writ petition is, accordingly, dismissed.
(Vivek Varma, J.) (Ramesh Sinha, J.) Order Date :- 13.6.2019 Lbm/-