GOPI LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant writ petition has been filed by the petitioner assailing the order dtd. 15/1/2020, passed by the Court of Joint Secretary Mines Department, Rajasthan Jaipur in Appeal No.118/2018, whereby the appeal filed by the appellant-petitioner was dismissed being time barred, in view of the Provisions of Rajasthan Mines Mineral Concessions Rules, 2017 (in short 'the Rules of 2017').

(2.) Counsel for the petitioner submits that the petitioner preferred an appeal against the order dtd. 5/9/2017 before the Appellate Authority on 19/6/2018. He also submits that the order dtd. 5/9/2017 issued by the Additional Director (Mines), Udaipur Zone, Udaipur was to be communicated to the petitioner through the Mining Engineer, Rajsamand-II, as evident from his endorsement. Counsel further submits that the Mining Engineer, Rajsamand-II communicated the order dtd. 5/9/2017 to the petitioner vide letter dtd. 13/6/2018 which was received by the petitioner on 14/6/2018 and soon after communication on 14/6/2018, the petitioner preferred an appeal on 19/6/2018.

(3.) Counsel for the petitioner submits that Rule 63 (4) of the Rules of 2017 provides for filing of an appeal within three months from the date of communication of the order appealed against. He also submits that in view of the factual position that the order appealed against was communicated to the petitioner on 14/6/2018 and the appeal was filed by him on 19/6/2018 It cannot be said to be time barred as the Appellate Authority dismissed his appeal being time barred. Counsel further submits that the order of the Appellate Authority is contrary to the Provisions of law and therefore, the same be quashed and set aside and the appeal filed by the appellant-petitioner may be ordered to be heard and considered on merits.