State Of Rajasthan vs Mukesh Kumar Meena
2021 Latest Caselaw 16982 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Spl. Appl. Writ No. 48/2020

1. State Of Rajasthan, Through The Secretary To The Government Of Rajasthan, Mines Department, Jaipur.

2. The Assistant Mining Engineer, Mines And Geology Department, Banswara.

----Appellants Versus

1. Mukesh Kumar Meena S/o Shri Giriraj Prasad, R/o B-16, Shyam Colony, Udaipur Road, Banswara (Rajasthan).

2. The Accountant General, Rajasthan, Jaipur.

----Respondents

For Appellant(s) : Mr. Sanjeep Shah, AAG For Respondent(s) : Mr. Bhavit Sharma

HON'BLE MR. JUSTICE VIJAY BISHNOI HON'BLE MR. JUSTICE ANOOP KUMAR DHAND

Judgment / Order

15/11/2021

The matters comes up for consideration of application under

Section 5 of Limitation Act with a prayer to condone the delay of

771 days in filing the appeal.

Mr. Sandeep Shah, learned AAG has submitted that the

demand was raised against the respondents on the basis of audit-

para, which has been dropped in subsequent proceedings. It is

also submitted that during pendency of this appeal, lease issued in

favour of petitioner - Mukesh Kumar Meena was cancelled,

however, the learned Single Judge vide order dated 8.12.2016 has

allowed the S.B. Civil Writ Petition No.10566/2015 with a direction

to the respondents to restore the possession of the lease to the

petitioner - Mukesh Kumar Meena.

(2 of 2) [SAW-48/2020]

Learned AAG, thus, submitted that in view of the subsequent

development in the matter, nothing remains to be decided in this

appeal on merits.

Hence, this appeal is dismissed.

The application under Section 5 of the Limitation Act is

disposed of.

(ANOOP KUMAR DHAND),J (VIJAY BISHNOI),J

46-mohit/-

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