HOSHIYAR SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) By means of this writ petition, the petitioner has challenged the order dtd. 7/5/2024 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.

(2.) 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.

(3.) 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.