PRACHIN CHOUDHARY Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This petition is filed aggrieved of dismissal of appeal as time barred.

(2.) Brief facts are that the petitioner was granted lease for Mineral Masonary Stone for an area measuring 1.00 hectare in Village Ramsinghpura, Tehsil Neem Ka Thana, District Sikar. The lease deed was initially for twenty years, however, with the implementation of Rajasthan Mines and Mineral Concession Rules, 2017, the lease period would have been fiftty years from the initial grant. On 20/5/2013, the petitioner was issued notice pointing out deficiencies in running the mine. The petitioner failed to respond to the notice and the proceedings culminated in order dtd. 16/1/2014, cancelling the lease deed. The petitioner filed the first appeal on 17/11/2017 along-with an application for condonation of delay. The appeal was dismissed as time barred. There was no success in the second appeal, hence the present petition.

(3.) Learned counsel for the petitioner submits that the petitioner was mentally upset and not aware of the proceedings initiated for cancellation of the lease deed. It is further argued that the petitioner in the year 2017 has complied with all the deficiencies mentioned in notice dtd. 20/5/2013.