AI Structured Summary
Not yet generated for this judgment
No AI summary yet
Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.
Judgment
7 paragraphs · 256 wordsPankaj Purohit, J
By means of this writ petition, the petitioner has challenged the order dated 07.05.2024 passed by the District Magistrate, Pithoragarh under Rule 14(4)(a) of Uttarakhand Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2021 (for short the Rules of 2021) whereby vehicle of the petitioner has been confiscated for allegedly carrying illegal minor mineral. The petitioner indulged in carrying such illegal minor minerals for third time and for that reason the vehicle was confiscated in accordance with the provision of Rule 14(4)(a) of the Rules of 2021.
A preliminary objection has been raised by the State Counsel that against the order passed by the District Magistrate under Rule 14(4)(a) of the aforesaid Rules of 2021, the appeal is provided under Rule 15 of the Rules of 2021 to the Commissioner of the Division.
I have gone through the provisions of Rule 14(4)(a) as well as Rule 15 of the aforesaid Rules. This Court finds substance in the preliminary objection raised by the respondents State.
Accordingly, the petitioner is relegated to avail the remedy available under Rule 15 of the aforesaid Rules for filing the appeal.
From the perusal of the Rules of 2021, it transpires that appeal should have been filed within 60 days from the date of order, therefore, it is observed that if such appeal is filed by the petitioner, the delay in filing the aforesaid appeal shall be considered liberally by the concerned authority.
With this observation, the writ petition is disposed of.