KUNWARPAL Vs. STATE OF UTTARAKHAND.

JUDGEMENT

(1.) This writ petition has been filed by the petitioner seeking a direction to respondent No.3-District Magistrate/Collector, Haridwar, to decide petitioner's representation dtd. 3/1/2026 and further to shift the recovery in land bearing Khata No.73 Khasra No.212 to Khata No.240 Khasra No.305.

(2.) Under provisions of the Uttarakhand Mineral (Prevention of Illegal Mining, Storage and Transportation) Rules 2020, an order was passed against petitioner by learned Additional District Magistrate (Finance and Revenue), Haridwar, on 17/4/2023, by which, petitioner was made liable to pay a sum of Rs.22,85,360.00 as royalty + penalty for illegal mining and storage of minor mineral on his agriculture land, which was allotted to him in Village Bishanpur Jharda, Ahatmal, Pargana Jwalapur, Tehsil and District Haridwar in Class-3 lease deed in Fasali Year 1425. The said deed was already cancelld by the learned Commissioner, Garhwal Devision in the year 2007.

(3.) The recovery has been directed to be done from the petitioner for land Khata No.73 Khasra No.212, which according to the petitioner is not correct as in Khasra No.212 there is a house of petitioner, and therefore, the recovery is bad.