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2025 Supreme(Online)(UK) 690043

HIGH COURT OF UTTARAKHAND
KUNWARPAL – Appellant
Versus
STATE OF UTTARAKHAND – Respondent


Office Notes,

reports, orders or proceedings

SL.

Date or directions COURT’S OR JUDGE’S ORDERS

No.

and Registrar’s

order with Signatures

WPMS/ 2595/ 2025

Hon’ble Manoj Kumar Tiwari, J

1. Mr. Prem Kaushal, learned counsel

for the petitioner.

2. Mr. N.S. Pundir, learned Deputy Advocate General for the State of

Uttarakhand.

3 District Magistrate, Udham Singh Nagar passed an order under provisions of Uttarakhand Minor Mineral (Prevention of Illegal Mining, Illegal Transport and Illegal Storage) Rules, 2021 against the petitioner, asking him to deposit ₹27,21,600/- as royalty with penalty,

vide order dated 14.09.2023.

4. Petitioner filed appeal along with delay condonation application against District Magistrate’s order, before Commissioner, Kumaon Division. His appeal was dismissed for non prosecution on 14.05.2025. On 19.05.2025, petitioner filed application for restoring the appeal and submitted

that the default was not intentional.

5. Learned Commissioner dismissed the appeal by holding that on five earlier dates also, i.e. 29.01.2025, 27.02.2025, 20.03.2025, 02.04.2025 & 23.04.2025, there was no representation for the appellant. Learned Commissioner further held that order passed by District Magistr

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