Allowed

Kusum Ji Narayan v. the Superintending Mining Engineer

Rajasthan HC18 Aug 2021CW/10983/2021

Case brief

AI extract

What is this about?

The Court allowed the writ petition filed by Kusum Ji Narawan challenging the rejection of her appeal as barred by limitation. Relying on Madan Lal judgment, the Court set aside the rejection and directed the respondent to decide the matter afresh after condoning limitation.

What did the court decide?

Set aside the order of dismissal of appeal as barred by limitation and direct the respondent to decide the matter afresh after deciding the application for condonation of limitation period.

Kusum Ji Narayan Vs the Superintending Mining… — Mining and Natural Resources | Rajasthan HC (2021)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Writ Petition No. 10983/2021

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Kusum Ji Narayan D/o Late Sh. Mool Chand Joshi, Aged About 73 Years, 94/137, Vijay Path, Mansarovar, Through Power Of Attorney Holder Sh. Vikas Solanki S/o Mewaram Solanki, Aged About 23 Years, R/o 77, Tulsi Bhawan, Tilak Nagar, Bhilwara.

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----Petitioner

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Versus

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The Superintending Mining Engineer, Mines And Geology Department Bhilwara Circle, Bhilwara.

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The Mining Engineer, Bhilwara, Mines And Geology Department, Bhilwara, Rajasthan.

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The Additional Directorate Of Mining (Environment And Development), Directorate, Department Of Mines And Geology, Udaipur, Rajasthan.

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----Respondents

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For Petitioner(s) : Mr. Himanshu Choudhary For Respondent(s) : Mr. Mrigraj Singh

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HON'BLE MR. JUSTICE VIJAY BISHNOI

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Judgment / Order

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18/08/2021

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Learned counsel Mr. Mrigraj Singh is directed to accept notice on behalf of the respondents.

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This writ petition has been filed by the petitioner being aggrieved against rejection of her appeal as barred by limitation by the respondent No.3 – the Additional Directorate of Mining (Environment & Development), Directorate, Department of Mines & Geology, Udaipur.

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(2 of 3)

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[CW-10983/2021]

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It is submitted by learned counsel for the petitioner that the issue raised in this writ petition is squarely covered by the order passed by this Court in S.B. Civil

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Writ Petition No.14920/2017 : Madan Lal v. State of Rajasthan and Ors. , decided on 11.05.2018, whereby the petitions filed by the petitioners were allowed and the matters were remanded back and therefore, the present writ petition may also be decided in terms of the order passed in the case of Madan Lal (supra).

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Learned counsel for the respondents is not in a position to dispute that the issue raised in the present petition is similar to the issue raised in the case of Madan Lal (supra).

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In the case of Madan Lal (supra), this Court after considering the issue raised, directed as under :-

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"In view of the above discussions, the impugned orders passed by the respondent No.2 - Additional Director (Environment & Development), Mines & Geology, Udaipur dismissing the appeals of the petitioners on the ground of limitation are set aside with the direction to the respondent No.2 to decide the matter afresh after deciding the application for condonation of the limitation period as per Rule 63 of the Rajasthan Minor Mineral Concession Rules, 2017 by counting the stipulated maximum period of six months from the date when the order of cancellation was communicated.

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(3 of 3)

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[CW-10983/2021]

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Accordingly, the writ petitions are disposed of as above."

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In view of the above fact situation, the writ petition filed by the petitioner is allowed in light of and with similar directions as given in the case of Madan Lal (supra).

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The respondent No.3 – the Additional Directorate of Mining (Environment & Development), Directorate, Department of Mines & Geology, Udaipur shall decide the appeal in accordance with the directions here-in-before.

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(VIJAY BISHNOI),J

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55-msrathore/-

Kusum Ji Narayan v. the Superintending Mining Engineer

Case brief

What is this about?

What did the court decide?

Kusum Ji Narayan v. the Superintending Mining Engineer

Case brief

What is this about?

What did the court decide?

What the court decided

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