Vipin Kumar Agarwal, Son Of Shri ... vs State Of Rajasthan

Citation : 2022 Latest Caselaw 6319 Raj/2
Judgement Date : 22 September, 2022

Rajasthan High Court
Vipin Kumar Agarwal, Son Of Shri ... vs State Of Rajasthan on 22 September, 2022
Bench: Mahendar Kumar Goyal
       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

               S.B. Civil Writ Petition No. 6108/2020

Vipin Kumar Agarwal, Son Of Shri Pooran Chand, Through Power
Of Attorney Holder Triloki Nath Sharma, Son Of Shri Krishna Hari
Sharma, Aged About 42 Years, Resident Of 56, Yaduraj Nagar,
District Bharatpur (Rajasthan).
                                                                   ----Petitioner
                                   Versus
1.      State Of Rajasthan, Through Secretary, Department Of
        Mines And Geology, Secretariat, Jaipur.
2.      Joint Secretary, Govt. Of Rajasthan, Mines (Group-2)
        Department, Secretariat, Jaipur.
3.      Additional Director, Mines (E & D), Mines And Geology
        Department, Udaipur
4.      Mining Engineer, Department Of Mines And Geology,
        Bharatpur
                                                                ----Respondents

For Petitioner(s) : Mr. Ashwani Kumar Chobisa For Respondent(s) : Mr. Zakir Hussain, Addl.G.C. with Mr. Ajay Khandal HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL Order 22/09/2022 The matter comes up on an application (1/2022) filed by the petitioner seeking disposal of the writ petition in the light of order of this Court passed in case of Geeta Devi vs. State of Rajasthan Through its Principal Secretary, Department of Mines & Petroleum, Jaipur & Ors.: 2020(1) DNJ (Raj.) 381.

Learned counsel for the petitioner submits that his appeal was dismissed by the appellate authority on the ground of (Downloaded on 23/09/2022 at 01:16:51 AM) (2 of 2) [CW-6108/2020] limitation and as per dictum of a Division Bench in case of Geeta Devi (supra), the matter requires reconsideration on merit.

Learned counsel for the respondents did not dispute the aforesaid legal position.

In view thereof, the application deserves to be allowed. The application is allowed accordingly.

The matter is remanded back to the appellate authority, i.e., Additional Director, Mines for decision of the appeal on its merit in view of the judgment of this Court in case of Geeta Devi (supra).

The writ petition stands disposed of accordingly.

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