Court No. - 1
Case :- WRIT - C No. - 19981 of 2019 Petitioner :- Smt. Jimmy Singh Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- Chandan Sharma,Ajay Kumar Sharma,Jitendra Kumar Counsel for Respondent :- C.S.C.
Hon'ble Ramesh Sinha,J. Hon'ble Vivek Varma,J.
Heard Sri Jitendra Kumar, learned counsel for the petitioner and Smt. Archana Singh, learned Standing Counsel for the State- respondents.
By means of this writ petition, the petitioner has come up before this Court with the prayer to quash the impugned order dated 02.03.2019 as well as impugned recovery certificate dated 15.04.2019 issued by the Additional District Magistrate (Finance & Revenue), Chitrakoot and consequential recovery citation dated 01.05.2019 issued by Tehsildar, Bijnor, District Bijnor for recovery of sum of Rs.1,21,98,600/- plus other charges.
Learned counsel for the petitioner states that the impugned demand notice, which has been issued against the petitioner, is against the principle of natural justice, hence, the writ petition is maintainable.
Against the order impugned, the petitioner has a right of appeal under Rule 77 of U.P. Minor Minerals (Concession) Rules, 1963 as has been pointed out by Smt. Archana Singh, learned Standing Counsel for the State.
We are not inclined to interfere in the matter. The writ petition is, accordingly, dismissed on the ground of statutory alternative remedy.
It is open to the petitioner to take recourse to the statutory remedy available to her under the Rules. In case, the petitioner files an appeal, needless to say that the same shall be decided in accordance with law.
(Vivek Varma, J.) (Ramesh Sinha,J.) Order Date :- 10.6.2019 Ajeet