- (1.) THE present writ petition has been filed against the order dated 5th February, 2011 passed by the District Magistrate, Mau, copy whereof has been filed as Annexure No. 18 to the writ petition. By the said order, the District Magistrate, Mau has required the Petitioner to deposit an amount of Rs. 14,50,140 - towards additional royalty in respect of the mining lease granted to the Petitioner with effect from 27th July, 2006 to 26th July, 2009.
(2.) COUNTER -affidavit and rejoinder affidavit have been exchanged in this case.
(3.) WE have heard Sri Manish Chandra Tiwari, Learned Counsel for the Petitioner and Shri A.K. Singh, learned Standing Counsel appearing for Respondents No. 1, 2 and 3, and have perused the record. Sri A.K. Singh, learned Standing Counsel appearing for the Respondents has raised preliminary objection that the Petitioner has got alternative remedy of filing an appeal against the impugned order dated 5.2.2011 before the Divisional Commissioner under Rule 77 of the U.P. Minor Minerals (Concession) Rules, 1963 (in short '1963 Rules').;