SHAKTIVARDHAN SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The case of the petitioner, necessary to be noted for deciding the petition, is that the petitioner is a registered owner of a JCB, bearing Registration No.UK-06 CA-6569. According to the present matter, on 8/3/2022, illegal mining was being done by the said JCB in Sukhi river without any licence. The said JCB was seized by Sub-Inspector Sanjeet Kumar. By the impugned order dtd. 19/4/2022, the Additional District Magistrate (Revenue and Finance), the respondent no.3, directed to release the JCB in favour of the vehicle owner after depositing a fine of Rs.2.00 lakh (Rupees two lakh). The said fine was imposed in terms of the provisions of the Uttarakhand Mineral (Prevention of Illegal Mining, Illegal Transport and Illegal Storage) Rules, 2021 (hereinafter referred to as "the Rules, 2021").

(2.) Hence, the petitioner filed the instant writ petition under Article 226 of the Constitution of India with the following reliefs:-

(3.) Heard Mr. R.S. Sammal, the learned counsel for the petitioner and Mr. Pratiroop Pandey, the learned AGA for the State.