MEHRUDDIN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Issue notice. Notices are accepted by Mr. Zakir Hussain, learned Additional Government Counsel on behalf of the respondents.

(2.) This writ petition is directed against the order dtd. 4/2/2020 passed by the Court of learned Additional Director (Mines) in Appeal No.20/2019 whereby, the appeal preferred by the petitioner against the order dtd. 17/3/2017 passed by the Mining Engineer, Alwar cancelling his mining lease, has been dismissed being barred by limitation.

(3.) Learned counsel for the petitioner submits that it was his specific case in the memo of appeal that he was never communicated with the order dtd. 17/3/2017 and he preferred the appeal as soon as he came to know the same; but, the appellate authority, without calling for the record from the concerned authority or without making any enquiry in this regard, dismissed the appeal being barred by limitation. He submits that a co-ordinate Bench of this Court vide order dtd. 2/12/2021 in S.B. Civil Writ Petition No.5878/2019; Parmeshwar Lal Agarwal Vs. State of Rajasthan & Ors. involving identical controversy, directed the appellate authority to call for requisite record from the authority concerned or to take categorical affidavit in relation to service of the order from the concerned parties and to pass order afresh on limitation. He, therefore, prays that the writ petition be allowed, the order dtd. 4/2/2020 be quashed and set aside and the matter may be remanded back to the appellate authority for decision afresh.