WRIT - C No. 13071 of 2026 at Allahabad

HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 13071 of 2026 Mohan Singh .....Petitioner(s) Versus State Of U.P. And 3 Others .....Respondent(s) Counsel for Petitioner(s) : Brijesh Kumar Pandey Counsel for Respondent(s) : C.S.C. Court No. - 29 HON'BLE ARINDAM SINHA, J. HON'BLE SATYA VEER SINGH, J. (Per Arindam Sinha, J.) 1. Petitioner says he undertook excavation activity for leveling of his land to enable agriculture. He has challenged order dated 13th September, 2024 passed by respondent no. 3 (the District Magistrate) imposing Rs. 5,00,000/- as penalty. The order was confirmed by also impugned appellate order dated 28th January, 2026 passed by respondent no. 2 (the Commissioner). Mr. Brijesh Kumar Pandey, learned advocate appearing for petitioner submits, under Government Order (GO) dated 28th March, 2018, no royalty is payable for excavating soil. He reiterates, his client did it for purpose of leveling his land for agriculture. 2. Dr. Rajeshwar Tripathi, learned advocate, Chief Standing Counsel, appears on behalf of State. He hands up his instruction dated 20th April, 2026 with copy to Mr. Pandey. He submits, the penalty was duly imposed on finding by the District Magist