Rajasthan High Court - Jodhpur
Veer Bahadur Singh Hada vs The State Of Rajasthan on 10 November, 2020
Author: Vijay Bishnoi
Bench: Vijay Bishnoi
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Civil Writ Petition No. 10900/2020
Veer Bahadur Singh Hada S/o Shri Sangram Singh, Aged About 71
Years, R/o Village Aatranda, Tehsil Nainva, District Bundi Through Its
Power Of Attorney Holder Shri Abhishek Singh Hada, S/o Shri Veer
Bahadur Singh Hada, Aged 44 Years, R/o Village Aatranda, Tehsil
Nainva, District Bundi.
----Petitioner
Versus
1. The State Of Rajasthan, Through Secretary, Mines
Department, Government Of Rajasthan, Secretariat, Jaipur.
2. The Additional Director (Environment And Development),
Mines And Geology Department, Directorate, Udaipur.
3. The Superintending Mining Engineer, Mines And Geology
Department, Kota.
4. The Mining Engineer, Mines And Geology Department, Kota.
----Respondents
For Petitioner(s) : Mr. Abhishek Bohra for Mr. JS Naruka
For Respondent(s) : Mr. Digvijay Singh for Mr. Mrigraj Singh
(Dy. GC)
HON'BLE MR. JUSTICE VIJAY BISHNOI
Judgment / Order 10/11/2020 Learned counsel Mr. Digvijay Singh for Mr. Mrigraj Singh is directed to accept notice on behalf of the respondents.
This writ petition has been filed by the petitioner aggrieved against rejection of her appeal as barred by limitation by the Additional Director (Mines), Udaipur.
It is submitted by learned counsel for the petitioner that the issue raised in this writ petition is squarely covered by the order passed by this Court in S.B. Civil Writ Petition No.14920/2017 : Madan Lal v. State of Rajasthan and Ors., decided on 11.05.2018, whereby the petitions filed by the petitioners were allowed and the matters were remanded back and (Downloaded on 10/11/2020 at 10:23:20 PM) (2 of 2) [CW-10900/2020] therefore, the present writ petition may also be decided in terms of the order passed in the case of Madan Lal (supra).
Learned counsel for the respondents is not in a position to dispute that the issue raised in the present petition is similar to the issue raised in the case of Madan Lal (supra).
In the case of Madan Lal (supra), this Court after considering the issue raised, directed as under :-
"In view of the above discussions, the impugned orders passed by the respondent No.2 - Additional Director (Environment & Development), Mines & Geology, Udaipur dismissing the appeals of the petitioners on the ground of limitation are set aside with the direction to the respondent No.2 to decide the matter afresh after deciding the application for condonation of the limitation period as per Rule 63 of the Rajasthan Minor Mineral Concession Rules, 2017 by counting the stipulated maximum period of six months from the date when the order of cancellation was communicated.
Accordingly, the writ petitions are disposed of as above."
In view of the above fact situation, the writ petition filed by the petitioner is allowed in light of and with similar directions as given in the case of Madan Lal (supra).
The Additional Director, Mines, and Geology Department, Udaipur shall decide the appeal in accordance with the directions herein-before.
(VIJAY BISHNOI),J Surabhii/64- (Downloaded on 10/11/2020 at 10:23:20 PM) Powered by TCPDF (www.tcpdf.org)