HANUMAN RAM CHOUDHARY Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner by way of present writ petition has challenged the order dtd. 15/10/2018 passed by the Addl. Director (Mines), Environment & Development, Rajasthan, Udaipur, whereby the appeal filed by the petitioner under Rules 63 and 64 of the Rajasthan Minor Mineral Concession Rules, 2017 (for short 'the Rules of 2017') was dismissed being time barred in view of Rule 63(4) of the Rules of 2017.

(2.) The facts borne out from the pleadings are that the petitioner Hanuman Ram Choudhary, who is being represented through his legal representative in the present case was holding a mining lease for the period up to 4/2/2001 and because of the reason that he did not submit any application for renewal of the mining lease, the period of lease expired on 4/2/2001. On expiry of the lease period, the Assistant Engineer (Mining), Banswara written a letter to his Subordinate Office on 14/2/2001 to take the possession of the lease area in favour of the State and thereafter the possession of the lease area was taken by the respondent authorities on 28/2/2001. Lease holder - Hanuman Ram Choudhary expired on 6/12/2015 and his legal heir filed an appeal against the letter dtd. 14/2/2001 under Rules 63 and 65 of the Rules of 2017.

(3.) The Appellate Authority dismissed the appeal of the petitioner vide order dtd. 15/10/2018 on the count that the appeal is time barred as the same has been filed after six months of the order under challenge i.e. the order dtd. 14/2/2001.