SHABIR HUSSAIN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This writ petition is directed against the order dtd. 9/12/2020 passed by the Additional Director (Mines), Environment & Development, Udaipur in Appeal No.102/2020 whereby, the appeal preferred by the petitioner against the order dtd. 15/7/2019 passed by the Superintendent Mining Engineer, Ajmer cancelling his mining lease, has been dismissed being barred by limitation.

(2.) 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. 15/7/2019 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 further submits that a co-ordinate Bench of this Court vide order dtd. 25/1/2023 in S.B. Civil Writ Petition No.3642/2020; Mehruddin Vs. State of 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. 9/12/2020 be quashed and set aside and the matter may be remanded back to the appellate authority for decision afresh.

(3.) Although, the learned State Counsel opposed the prayer; but, could not dispute that the appellate authority has dismissed the appeal being barred by limitation without recording a finding that despite communication of the order dtd. 15/7/2019, the appellant/petitioner failed to prefer the appeal within the period of limitation.