Court permitted withdrawal of writ petition seeking quashment of demand notice arising from District Magistrate's order under Minor Minerals Rules, directing challenge in statutory appeal instead.
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Court No. - 9 Case :- WRIT - C No. - 821 of 2021 Petitioner :- M/S M.M. Traders Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Rakesh Kumar Mishra Counsel for Respondent :- C.S.C.
Hon'ble Sanjay Yadav,J. Hon'ble Jayant Banerji,J.
The petitioner by way of present petition seeks quashment of demand notice dated 16.7.2020 whereby the petitioner is called upon to deposit amount of Rs. 2,33,950/. The said demand apparent it is arises from an order passed by the District Magistrate in purported exercise of power under the Minor Minerals (Concession) Rules, 1963.
Said order is neither brought on record nor is being challenged in this petition. Therefore, instead of dwelling on the demand notice, the petitioner is permitted to withdraw this petition and set at liberty to challenge the order passed by the District Magistrate determining penalty as imposed on the petitioner for unauthorized illegal storage of minor minerals in an appeal under Rule 77 of U.P. Minor and Minerals (Concession) Rules, 1963. In case if such an appeal is preferred by the petitioner within a period of 30 days from today, the Appellate Authority shall dwell upon the same on merits instead of throwing it overboard on the ground of limitation and decide it expeditiously, however, not later than three months from the date of filing of the Appeal.
We make it clear that we have not expressed any opinion on merits of the matter.
The petition stands disposed of in the above terms.
Order Date :- 22.2.2021 sfa/
(Jayant Banerji, J) (Sanjay Yadav, J)
M/S M.M. Traders
State Of U.P.
Sanjay Yadav
Jayant Banerji
As recorded by the court registry
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