Smt Geeta Devi v. State of Raj and Ors.
Case brief
What is this about?
The High Court held that since the appeal was filed in 2016 under the 1986 Rules which allowed condonation of delay, the restrictive six-month bar of the 2017 Rules does not apply. The Court condoned the delay and remanded the matter to the appellate authority for disposal on merits.
What did the court decide?
The writ petition was allowed in part; delay in filing the appeal was condoned; the matter was remanded to the appellate authority to be decided on merits; the stay application was disposed of.
What the court decided
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
D.B. Civil Writ Petition No.6829/2018
With
D.B. Civil Misc. Stay Application No.5056/2018
Smt. Geeta Devi W/o Shri Mansingh, R/o Village Rahwasa, Tehsil Danta Ramgarh, District Sikar.
----Petitioner
Versus
- State Of Rajasthan Through Its Principal Secretary, Department Of Mines And Petroleum, Jaipur Raj.
- Union Of India Through Its Secretary Ministry Of Mines, Department Of Mines, Shastri Bhawan, New Delhi.
- Additional Director Mines Environment And Development, Shastri Circle, Udaipur.
- Mining Engineer, Department Of Mines And Geology, Sikar Raj.
----Respondents
Issues for consideration
2 issues framed by the court
Whether the six-month limitation for condoning delay in filing an appeal under the 2017 Rules applies retrospectively to an appeal filed in 2016 under the 1986 Rules.
Whether the petitioner had sufficient cause for not filing the appeal within the stipulated time limit.
Parties & counsel
- petitioner
Smt. Geeta Devi W/o Shri Mansingh
- respondent
State Of Rajasthan
- respondent
Union Of India
- respondent
Additional Director Mines Environment And Development
- respondent
Mining Engineer
Case details
As recorded by the court registry
- Court
- Rajasthan HC
- Decided on
- · October
- Registered
- Case no.
- CW/6829/2018
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