Authority: High Court of Uttarakhand at Nainital
Order Date: 16 October 2026
Case Overview
- Petitioners: M/s Dharamraj Contracts India Pvt. Ltd. (Petitioner) vs. State of Uttarakhand and Others (Respondents).
- The petitioner alleged a pending royalty demand of ₹52,57,936 for the financial year 2018‑19.
- Earlier writ petition (No. 180 of 2023) was dismissed on 07.11.2023, upholding the State's demand.
- On 01.07.2026, the State issued a notice of demand for the same amount (₹52,57,936) (Annexure No.19).
- The petitioner contended it had already paid ₹85,45,871 to the State, exceeding the demand.
- An appeal under Rule 13(2)(b) of the Uttarakhand Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2005 was filed on 24.09.2026 before the Commissioner, Garhwal Division (Appeal No.13 of 2025‑26).
- The appeal remained pending, with the next hearing scheduled for 30.10.2026.
- The petitioner sought a court direction to stay any recovery until the appellate authority decides the appeal, citing the excess payment.
- Respondent State counsel argued the petition did not plead the excess payment of ₹85,45,871.
Final Outcome
- The writ petition is disposed of.
- The Commissioner, Garhwal Division, is directed to decide Appeal No.13 of 2025‑26 (M/s Dharamraj Contracts India Pvt Ltd vs. State of Uttarakhand) on 30.10.2026 or, in any case, within ten days after 30.10.2026.
- No recovery shall be made from the petitioner until the appeal is decided as directed.
- The pending application is also disposed of.
Topics: Royalty Recovery, Mining Regulation