RAKESH ANEJA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) By means of the present writ petition, the petitioner has sought indulgence of this Court to issue a writ of mandamus directing the authority concerned to withhold the recovery proceedings by keeping in abeyance the recovery against the petitioners in pursuance to recovery certificate dtd. 18/4/2023 issued by respondent no.4 (annexure no.8) till disposal of the Mining Appeal No.16/2022-23, 'Rakesh Aneja and another Vs. State', pending in the court of learned Commissioner, Garhwal Mandal, Pauri Camp, Dehradun.

(2.) It is case of the petitioner that the petitioner was imposed a penalty of ?3,61,700/- vide order dtd. 4/3/2023 passed by the Additional District Magistrate, Revenue and Finance, Haridwar for violating the Uttarakhand Minerals (Illegal Mining, Transportation and Storage Removal) Rules, 2020 (hereinafter referred to as 'Rules of 2020').

(3.) The petitioner preferred an Appeal under Rule 14 of the Rules of 2020 before the Commissioner, Garhwal Division on 29/3/2023, which was registered as Mining Appeal No.16/2022-23, 'Rakesh Aneja and another Vs. State'.