Bahadur Singh Panwar vs State Of Uttarakhand & Others

Pankaj Purohit, J

By means of this writ petition, the petitioner is challenging the order (Order Letter No.2174/30 Illegal Mining/(2022-23) dated 06.02.2024 passed by learned District Magistrate, Chamoli in Case No.Nil of 2022 Bahadur Singh Panwar vs. State of Uttarakhand, annexure 8 to the writ petition as well as the order dated 20.09.2024 passed by learned Commissioner in Appeal No.02 of 2023-24 Bahadur Singh Panwar vs. State of Uttarakhand, annexure 9 to the writ petition whereby the appeal was rejected and order imposing the penalty of Rs.2,01,960/- upon the petitioner was affirmed.

Heard learned counsel for the parties.

Learned counsel for the respondent State has drawn the attention of this Court to the fact that against the order of appeal passed under Rule 15 of the Uttarakhand Minerals (Prevention of Illegal Mining Transportation and Storage) Rules 2021, there is a revision provided under Rule 16 of the said Rules to the State Government. Therefore, the writ petition by passing the remedy available under the Rules is not maintainable.

I find force in the submission made by learned counsel for the respondent/State. The petitioner is relegated to file a revision before the State under Rule 16 of the Rules of 2021 within a period of thirty days from today i.e. 21.10.2024. During the period of thirty days no recovery shall be made from the petitioner. If petitioner fails to file a revision within the aforesaid period, the benefit of this order shall not be given to him.

Accordingly, the writ petition is disposed of.