storage of 24,377 cubic metres of minerals on the land in question. It is further contended that Rule 13 of Rules of 2002 was not adhered to as the inspection on 23.02.2016 was not carried out in presence of the petitioner. It is further contended that the petitioner having been granted license to operate stone crusher for a period of two years; on the date of inspection, the petitioner was entitled to hold 20,000 cubic metres of raw material and the earlier report of 22.03.2016 mentions that 24,377 cubic metres of raw materials was found on site. It is also contended that since the petitioner was entitled to store 20,000 cubic metres of raw material the Authority holding that 4,377 cubic metres of raw material was found in excess is perverse and contrary to the cogent material document on record. It is further contended that even the penalty which has been imposed on the petitioner is on the higher side. Placing reliance on sub rule (2) of Rule 13 of the Rules of 2002, it is contended that if any illegality is found on the stock of minerals, the district officer or the officer authorised by the State Government, if not satisfied with the reply to show cause notice, has only an authority to seize and confiscate the material/minerals found to be in excess but has no authority to direct any recovery as has been directed with the impugned order. It is urged that exercise of power under Rule 57 of the U.P. Minor Minerals (Concession) Rules, 1963 also does not authorise the District Magistrate to impose a penalty of Rs. 25,000/-. It is urged that Rule 57 envisages that on conviction for violation of Rules 3 of said Rules of 1963, punishment of either description for a term which may extend up to six months or with fine which may extend to twenty-five thousand rupees or with both and can only be imposed by court of competent