WPMS/3929/2019 of TAHIR HASAN Vs COMMISSIONER GARHWAL MANDAL CAMP DEHRADUN on 20 December 2019

WPMS No.3929 of 2019

Hon’ble Sudhanshu Dhulia, J.

Mr. Ashish Sinha, Advocate for the petitioner.

Mr. Yogesh Pandey, Additional CSC for the State/respondents.

The petitioner before this Court has challenged the order dated 04.10.2019 passed by the District Magistrate, Haridwar as well as the recovery citation dated 10.12.2019 issued by the Tehsildar, Roorkee, District Haridwar.

The allegation against the petitioner is that he has done illegal mining. The order of the District Magistrate was based on the report submitted by the subordinate officials.

A preliminary objection has been raised by the learned State Counsel that the order passed by the District Magistrate is an appellable order under Rule 15 of the Uttaranchal Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2005, a fact which is admitted by the learned counsel for the petitioner.

Since the petitioner has an alternative remedy to file an appeal, no interference is being called for by this Court in the matter. Consequently, the writ petition is dismissed in limine on ground of alternative remedy.

Ankit/

(Sudhanshu Dhulia, J.) 20.12.2019