The court disposed of the writ petition without expressing any opinion on merits. It permitted withdrawal with liberty to file an appeal under Rule 77 of U.P. Minor Minerals Rules, directing the appellate authority to decide within three months.
Petition disposed with liberty to withdraw and file an appeal within 15 days.
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Court No. - 9
Case :- WRIT - C No. - 1395 of 2021
Petitioner :- Azabul Hasan Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Syed Mohd. Fazal,Sr. Advocate Shri S.G. Hasnain
Counsel for Respondent :- C.S.C.
Hon'ble Sanjay Yadav,J. Hon'ble Jayant Banerji,J.
Challenge in this petition is to an order dated 30.10.2020 and 21.12.2020 passed by the District Collector, Prayagraj. It is not disputed by the learned counsel for the petitioner that the order is appealable under Rule 77 of the U.P. Minor Minerals (Concession) Rules, 1963.
Therefore, instead of dwelling on merits of the matter, we permit petitioner to withdraw the petition with liberty to avail the remedy of appeal. In case, an appeal is filed by the petitioner within a period of 15 days from today, the appellate authority shall entertain the appeal on merit without throwing it overboard on the ground of limitation.
Needless to say the petitioner is at liberty to file an application seeking interim direction, the application has to be considered on its own merit.
We make it clear that we have not expressed any opinion on the merit of the matter and it is expected that the appellate authority shall decide the appeal expeditiously, however, not later than three months from the date of filing of the appeal.
Petition stands disposed of finally in above terms.
Order Date :- 22.1.2021 A. V. Singh
(Jayant Banerji, J.) (Sanjay Yadav, J.)
1 issue framed by the court
Whether the petitioner can withdraw the writ petition with liberty to approach the appellate authority as per Rule 77 of the U.P. Minor Minerals (Concession) Rules, 1963.
Azabul Hasan
State Of U.P.
Sanjay Yadav
Jayant Banerji
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
