JUDGMENT :

1. Heard Shri Virendra Singh, learned counsel for the petitioner and learned Standing Counsel appearing for the State.

2. This petition has been filed challenging the order dated 18.06.2015 passed by the District Magistrate, Hathras in purported exercise of powers under Rule 3, 57, & 70 of the UP Minor Minerals (Concession) Rules, 1963, [Rules, 1963]. Also under challenge is the order dated 27.09.2017, passed by the commissioner, Aligarh Division, dismissing the appeal of the petitioners.

3. It appears from the record that a notice dated 01.05.2015 was issued to the petitioners in respect of plot No. 139 with the allegation that 3689 cubic meters of soil was illegally mined and an amount of Rs.2,83,230/- was sought to be imposed. By that notice, a date was fixed before the District Magistrate to enable the petitioners to file their objections, if any.

4. From page 28 to page 30 of the paper book of this petition, a typed copy of the response dated 25.05.2015 submitted by the petitioner is enclosed, which is addressed to the District Magistrate/ Additional District Magistrate, Hathras, in which mining on plot No. 139 was emphatically denied and it was stated that provisions o