SHAMBHU DAYAL AGARWAL Vs. UNION OF INDIA AND ORS
LAWS(RAJ)-2012-8-387
HIGH COURT OF RAJASTHAN
Decided on August 29,2012

Shambhu Dayal Agarwal Appellant
VERSUS
Union of India And Ors Respondents

JUDGEMENT

- (1.) Heard finally, with the consent of parties.
(2.) The order dated 10th April, 2012, passed by Single Bench, dismissing the writ petition of the petitioner/appellant, is under challenge in this intra-court appeal, preferred on behalf of the petitioner.
(3.) The petitioner filed a writ petition before Single Bench with the averments that he filed an application for grant of mining lease for mineral quartz, felspar, cilica sand for an area 105 Hectares situated near village Jogi Ki Dhani, Tehsil, Kotputli, District, Jaipur in the office of Assistant Mining Engineer, Kotputli on 18th May, 2005. His application was registered as ML No. 24/2005. A notice dated 6th December, 2005 was issued under Rule 26(3) and 26(1) of the Mineral Concession Rules, 1960 for removal of the defects within a period of 30 days. The petitioner submitted the revenue record and also affidavits. However, the application of the petitioner was rejected vide order dated 12th September, 2007 for non-compliance of A.M.E. Notice dated 6th December, 2005. The order was received on 12th March, 2009 when he came to know about the order and applied for the same under the Right to Information Act. Petitioner thereafter filed a revision petition on 19th March, 2009 before the Central Government along with an application under Section 5 of the Limitation Act for condonation of delay in filing the revision petition. The revision petition of the petitioner was, however, dismissed vide order dated 19.8.2010 being barred by limitation. Petitioner, therefore, prayed in the writ petition to quash and set aside the orders dated 12.9.2007 and 19.8.2010.;


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