Court No. - 38
Case :- WRIT - C No. - 39258 of 2018 Petitioner :- Kapildev And Another Respondent :- State Of U P And 4 Others Counsel for Petitioner :- Devesh Pandey Counsel for Respondent :- C.S.C.
Hon'ble Abhinava Upadhya,J. Hon'ble Vivek Varma,J.
Heard Sri Devesh Pandey, learned counsel for the petitioners and learned Standing Counsel for the State.
Against the order of penalty as well as royalty for illegal mining, a notice has been issued on 29.8.2018 requiring the petitioners to deposit Rs.8,99,000/- under the aforesaid heads.
It is to be noted that the allegation against the petitioners that they have been allotted land Nos.30/34 and 30/35 area 2.65 acres for excavation of boulders (sand stone) for the period of 10 years. Upon an inspection, it was found that the petitioners were also excavating the said boulder (sand stone) from the land No.30/36, which was not their lease. Therefore, the royalty as well as penalty has been imposed. It is to be further noted that against the aforesaid notice, the petitioners have remedy of filing an appeal under Section 77 of Minor Mineral (Concession) Rules, 1963.
That being the case, the petitioners may file an appeal and in appeal they can also file an application for interim prayer, as such we are not inclined to interfere in writ petition in view of efficacious alternative remedy as available to the petitioner.
The writ petition has no merit and it is, accordingly, dismissed.
Order Date :- 30.11.2018 Ajeet (Vivek Varma, J.) (Abhinava Upadhya, J.)