- (1.) RAJESH Chandra, J. The petitioner has filed present Writ Petition inter alia praying for quashing the order dated 26.4.2011 (Annexure 4 to the Writ Petition) whereby the petitioner has been required to deposit a sum of Rs. 3,73010 in Treasury on account of illegal mining done by the petitioner. The said order has been passed by the District Magistrate Pilibhit (Respondent no.2).
(2.) WE have heard Sri Mukesh Kumar Upadhyay, learned counsel for the petitioner and learned Standing Counsel appearing for respondent nos. 1,2,3 and 4. It is stated that the U.P. Minor Mineral (Concession) Rules 1963 provides that any party aggrieved by the order passed by the District Officer (District Magistrate) may file appeal before the Divisional Commissioner within the period mentioned in the said Rule.
(3.) THE petitioner has an alternative remedy for filing an appeal against the order dated 26.4.2011. The Writ Petition is liable to be dismissed on the ground of availability of alternative remedy to the petitioner under the aforesaid rule. The Writ Petition is accordingly dismissed;