JUDGMENT :

Manish Kumar, J.

1. Heard Shri Rahul Srivastava, learned counsel for petitioner and Shri Rajesh Tiwari, learned Additional Chief Standing Counsel for the State.

2. Since the legal issue relating to jurisdiction is involved in the present case, the matter is finally decided at this stage with the consent of the parties.

3. The present writ petition has been preferred for quashing of the order dated 4.7.2023 passed by respondent no.3 under Rule 58 of the U.P. Minor Mineral (Concession) Rules, 2021 (herein referred as Rules of 2021) by which penalty of Rs.7,66,500/- has been imposed upon the petitioner and the order dated 24.6.2023 passed by the District Magistrate approving the order dated 04.07.2023 passed by respondent No.3 but the copy of the approval order has never been served upon the petitioner.

4. Learned counsel for petitioner has submitted that the petitioner, who is the president of the Mahesh Narayan Rajkumar Smiriti Society is constructing a Higher Secondary School on gata no.3286, 3290 and 3265 situated in Vikas Khand Bichhiya, Village Panchayat Korari Kala, District-Unnao. For the purpose of filling or levelling of the land, the petitioner had used the soil eithe