RAGHVENDRA SINGH RATHORE Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This writ petition has been filed by the petitioner aggrieved of the order dtd. 20/6/2022 (Annex.3) whereby the appeal filed by the petitioner has been dismissed as barred by limitation. Learned counsel for the petitioner made submissions that the appeal filed by the petitioner has been rejected by the Additional Director, Mines without dealing with the aspects raised by the petitioner regarding the appeal being within limitation and therefore, the order passed by the Additional Director, Mines deserves to be quashed and set aside.

(2.) Learned counsel for the respondents made submissions that the plea sought to be raised by the petitioner stands answered from the annexure(s) filed with the reply and, therefore, the writ petition deserves dismissal.

(3.) I have considered the submissions made by the counsel for the parties and have perused the material available on record. By order impugned dtd. 20/6/2022, the appellate authority though noticed the fact that limitation for filing the appeal is three months from the date of receipt of the impugned order, however, after noticing the said aspect without indicating and/or dealing with the facts pertaining to the plea raised by the petitioner regarding the appeal being within limitation and the respondents' plea indicating the petitioner was well aware of passing of the order impugned, the following has been observed: