Allowed

M/S Punjab Aggregates and Minerals Pvt. Ltd. v. State of Punjab and Ors.

Punjab & Haryana HC2 Aug 2013CWP/15828/2013

Case brief

AI extract

What is this about?

The High Court quashed an appellate order dismissing a petitioners appeal as time-barred. Relying on a concession from the State counsel to hear the matter on merits and principles of natural justice, the court directed the appellate authority to reconsider the appeal.

What did the court decide?

Impugned appellate order quashed; directed Director Mining to hear appeal on merits; liberty granted to supplement appeal grounds.

M/S Punjab Aggregates and Minerals Pvt… — Writ and Judicial Review | Punjab & Haryana HC (2013)

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In the High Court of Punjab and Haryana, at Chandigarh

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Civil Writ Petition No. 15828 of 2013

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Date of Decision: 2.8.2013

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M/s Punjab Aggregates and Minerals Pvt. Ltd.

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... Petitioner

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Versus

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The State of Punjab and Others

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... Respondents

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CORAM: Hon'ble Mr. Justice Jasbir Singh, Judge. Hon'ble Mr. Justice G.S.Sandhawalia, Judge.

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Present: Mr. Rupinder S. Khosla, Advocate for the petitioner.

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Mr. K.K.Gupta, Additional Advocate General, Punjab, for the respondents.

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Jasbir Singh, Judge (Oral)

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The respondent-State is claiming an amount of ` 12,61,248 from the petitioner towards royalty for extracting 'minor mineral gravel' illegally. When notice was received by the petitioner, it filed an appeal which was dismissed by the competent authority on 23.4.2013 being time barred. On 25.7.2013, matter was adjourned and the State counsel was directed to get instructions as to whether it is possible to hear appeal, filed by the petitioner, on merits. Very fairly the State counsel has given above concession and states that let the order under challenge be set aside and the appeal be heard on merits.

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We feel that the concession given is appreciable and in consonance with the law that nobody should be punished unheard.

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In view of above, we dispose of this writ petition, quash the

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Bhardwaj Deepak Kumar 2013.08.14 17:05 I attest to the accuracy and integrity of this document High Court Chandigarh

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Civil Writ Petition No. 15828 of 2013

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appellate order, as referred to above and direct the officer concerned to hear appeal filed by the petitioner on merits. Liberty is granted to the petitioner to supplement grounds of appeal already filed or may also by producing documentary proof on record, within fifteen days. The parties are directed to appear before the Director Mining (appellate authority) on 27.8.2013 at 11.00 a.m. in his office.

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(Jasbir Singh) Judge

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(G.S.Sandhawalia) Judge

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August 2, 2013 “DK”

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Bhardwaj Deepak Kumar 2013.08.14 17:05 I attest to the accuracy and integrity of this document High Court Chandigarh

M/S Punjab Aggregates and Minerals Pvt. Ltd. v. State of Punjab and Ors.

Case brief

What is this about?

What did the court decide?

M/S Punjab Aggregates and Minerals Pvt. Ltd. v. State of Punjab and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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Parties & counsel

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