Citation : 2022 Latest Caselaw 6319 Raj/2
Judgement Date : 22 September, 2022
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
(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.
(MAHENDAR KUMAR GOYAL),J
MADAN/26
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