This writ petition challenging an order of the Collector at Orai was dismissed. The court declined to adjudicate merits, holding that the petitioner must seek the statutory remedy under Rule 77 of the U.P. Mines and Mineral (Concession) Rules, 1963.
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Court No. - 9
Case :- WRIT - C No. - 894 of 2021
Petitioner :- M/S Kanahiya Lal And Sons Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Surya Pratap Singh Parmar Counsel for Respondent :- C.S.C.
Hon'ble Sanjay Yadav,J. Hon'ble Jayant Banerji,J.
Sri Surya Pratap Singh Parmar, learned counsel appears for the petitioner.
Learned Standing Counsel appears for the State.
This petition under Article 226 of the Constitution of India is directed against the order dated 21.08.2020 passed by the Collector, Jalaun at Orai.
It being not disputed by the learned counsel for the petitioner that the order dated 21.08.2020 is appealable under Rule 77 of the U.P. Mines and Mineral (Concession) Rules, 1963 (hereinafter referred to as the 'Rules of 1963').
Therefore, we are not inclined to cause any indulgence instead we dispose of the petition with liberty to the petitioner to avail remedy under Rule 77 of the 'Rules of 1963'. In case an appeal is filed within 15 days from today, the appellate authority shall dwell upon the same and decide the appeal expeditiously, however, not later within three months from the date of communication of this order.
It is made clear that were have not expressed any opinion on the merits of the case.
Order Date :- 19.1.2021 N Tiwari
(Jayant Benerji, j.) (Sanjay Yadav, J.)
1 issue framed by the court
Whether to exercise jurisdiction to intervene in an appealable order against the Collector at Orai.
2 provisions across 2 enactments
M/S Kanahiya Lal And Sons
State Of U.P.
3 Others
Sanjay Yadav
Jayant Banerji
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
