Court No. - 38
Case :- WRIT - C No. - 28639 of 2018 Petitioner :- Ram Naresh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Rahul Pandey,Krishnaji Khare Counsel for Respondent :- C.S.C.
Hon'ble Abhinava Upadhya,J. Hon'ble Rajiv Gupta,J.
Heard Sri Krishnaji Khare, learned counsel for the petitioner and learned Standing counsel.
By means of this writ petition the petitioner has come to this Court challenging the order dated 05.07.2018 pursuant to which the penalty of Rs. 50,95,762/- has been levelled against the petitioner. The allegation against the petitioner is of illegal mining of earth without proper permission. In the order impugned, there is a recital that the petitioner was issued notice but he did not respond to the notice and therefore, recovery is being pressed against the petitioner pursuant to the order dated 05.07.2018.
Learned counsel Sri Krishnaji Khare appearing for the petitioner submits that against the order of royalty and penalty the petitioner has preferred an appeal under Section 77 of Uttar Pradesh Miner, Mines and Minerals Concession Rules, 1963 before the Commissioner, Meerut Division, Meerut.
The writ petition is disposed of with the direction that the petitioner will make all endeavours to get the appeal decided at the earliest and till the decision of the appeal no coercive action shall be taken against him for the recovery of the said amount and the pending appeal be decided without unnecessary dealy.
Order Date :- 24.8.2018 Arun Gangwar (Rajiv Gupta, J.) (Abhinava Upadhya, J.)