NISHANT SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The present writ petition has been filed assailing the order dtd. 28/11/2024 passed by learned Commissioner, Kumaon Mandal, Nainital in Misc. Appeal No. 28 of 2023 whereby the application under Sec. 5 of the Limitation Act filed along with the memo of appeal has been dismissed and as a consequence thereof the appeal also stood dismissed.

(2.) The petitioner has also assailed the order of Additional Collector/ Additional District Magistrate dated 9. 06.2023 in Case No.51/47/2017 (Old Case No.51/106 of 2016), "State Vs. Nishant Singh @ Nishan Singh".

(3.) The appeal was filed under Rule 77 of the Uttar Pradesh Minor Minerals (Concession) Rules, 1963 against the order of the Additional Collector dtd. 9/6/2023. The appellate authority has observed that although the appellant alleged that he was not served with copy of the order of the Additional Collector and it was only after some time when he made inquiry, he came to know of it but since the date on which the order came to his knowledge was not disclosed, therefore, the explanation given is not acceptable.