GEETA DEVI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This writ petition has been filed by Smt. Geeta Devi challenging constitutional validity of Rules 63(4) and 64(2) of the Rajasthan Minor Mineral Concession Rules, 2017. Prayer has also been made for setting aside the order dated 6.10.2017 passed by the Additional Director, Mines (Environment and Development), Udaipur.

(2.) Learned Counsel for the appellant has at the outset submitted that he would not press challenge to vires of the aforesaid Rules, if the appellate authority is directed to decide petitioner's appeal on merits. It is submitted that the appellant had challenged before the appellate authority arbitrary demand of Rs. 55,10,310/- pursuant to order of the Mining Engineer dated 27.12.2013. This order was challenged in the appeal before the Additional Director, Mines, Jaipur, which was transferred to the Additional Director, Mines (Environment and Development), Udaipur. The appeal was filed on 10.6.2016, however, the appellate authority, vide order dated 6.10.2017 (Annexure-4), dismissed the appeal, having been filed after expiry of prescribed period of limitation of six months.

(3.) Learned Counsel for petitioner submits that as per Rule 63(4) of the Rules of 2017, the appeal was required to be filed within three months from the date of order appealed against. It is submitted that the appeal was filed by the petitioner on 10.6.2016 when the Rajasthan Minor Mineral Concession Rules, 1986 were in force. Rule 45 of the Rules of 1986 provided that an appeal shall be filed within three months of the date of communication of the order appealed against, but proviso thereto further stipulated that an appeal may be admitted after the said period if the appellant satisfies the appellate authority that he has sufficient cause for not filing the appeal within the said period. However, the Rules of 1986 were repelled by the Rules of 2017, which came into force with effect from 1.3.2017. Rule 63 of the Rules of 2017 though has provided three months as limitation for filing an appeal but proviso thereto stipulated that an appeal filed after the said period may be admitted if the appellate authority is satisfied that the appellant has sufficient cause for not filing the appeal within the said period but the appeal shall not be admitted after expiry of six month from the date of order appealed against. This restriction placed on entertaining an appeal on expiry of six months cannot be applied to the case of the petitioner.