ASHRAF KHAN Vs. STATE OF UTTARAKHAND & ANOTHER

JUDGEMENT

(1.) By means of present writ petition, the petitioner seeks to quash / set aside the impugned judgment and order dated 10.08.2015, passed by respondent no. 1, whereby a penalty of Rs.1,57,000/- (Rs.1,32,000/- as cost of soil + Rs.25,000/- as penalty) has been imposed upon the petitioner due to the alleged illegal mining of soil (5500 cubic meter) by the petitioner from his khet no. 668, situated at Village Lambakheda, Tehsil Rudrapur, District Udham Singh Nagar.

(2.) Proceedings against the petitioner were initiated under Uttarakhand Up Khanij (Avaidh Khanan, Pariwahan and Bhandaran Ka Niwaran) Rules, 2005, as amended in 2011 and when the petitioner did not appear, despite service of notice, the District Magistrate was compelled to impose penalty on him.

(3.) At the very outset, learned counsel for the petitioner submitted that an opportunity of hearing be granted to the petitioner before the District Magistrate, Udham Singh Nagar on payment of costs.