Uttarakhand High Court
WPPIL/58/2026 of ROHIT MEHARA ALIAS ROHIT SINGH MEHARA Vs STATE OF UTTARAKHAND on 27 April 2026
SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPPIL/58/2026 Hon’ble Manoj Kumar Tiwari, J. Hon’ble Siddhartha Sah, J. 1. Mr. Rajyavardhan Chaudhary, Mridul Bhatt &
2026:UHC:3144-DB
SL.
No.
Date
Office Notes,
reports, orders
or proceedings
or directions
and Registrar’s
order with
Signatures
COURT’S OR JUDGE’S ORDERS
WPPIL/58/2026
Hon’ble Manoj Kumar Tiwari, J.
Hon’ble Siddhartha Sah, J.
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
1. Mr. Rajyavardhan Chaudhary, Mridul Bhatt & Mr. Pranav Pal, Advocates for the petitioner.
2. Mr. P.S. Bisht, learned Chief Standing Counsel for the State of Uttarakhand.
3. Petitioner is a resident of Village Rari Khunti, Tehsil & District Pithoragarh. In this writ petition, filed in public interest, he has alleged that persons who were granted mining leases in respect of Khasra No. 236, (ii) Khasra No. 71, and
(iii) Khata Nos. 1343, 1350 & 1351 on the confluence of the Ramganga-Saryu River are using heavy machines like Poclain, JCB, etc. for mining purposes, which is in violation of Rule 29(17) of Uttarakhand Minor Mineral (Concession) Rules, 2001, as amended in 2017 and 2025. Reference is also made to order dated 14.12.2023 passed by Division Bench in WPPIL No. 169 of 2022.
4. Learned Chief Standing Counsel for the State, on instructions, submits that use of heavy machinery is not permitted to persons who have been granted mining leases and heavy machinery is permitted only in case of dredging, that too with certain conditions. He submits that concerned Authorities are there to ensure that the provisions of Uttarakhand Minor Mineral (Concession) Rules and also the order rendered by this
2026:UHC:3144-DB Court are not violated. He assures that the Competent Authority will look into the matter and take necessary action against the persons found guilty.
5. In view of statement made by learned State Counsel, we dispose of the writ petition by directing the District Magistrate, Pithoragarh, to ensure that no mining leaseholder uses heavy machinery, including Poclain, JCB, etc. for the purpose of mining. The District Magistrate is also expected to have surprise inspection(s) of all mining leases made at regular intervals by himself or through his subordinate officer, not below the rank of Tehsildar. The District Magistrate is further directed to stop forthwith the use of heavy machinery for the purpose of mining.
(Siddhartha Sah, J.) (Manoj Kumar Tiwari, J.)
27.04.2026
Aswal
NITI RAJ SINGH ASWAL Digitally signed by NITI RAJ SINGH ASWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eacc6757ee7881e933ff8934f07477005aa85f9802a3a08b0 8d1369512ea30f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3D26F5C22DACF4 F4610C1FE58A58531726FBB0, cn=NITI RAJ SINGH ASWAL Date: 2026.04.27 07:27:48 -07'00'