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DINESH MEHTA
Mohan Ram – Appellant
Versus
State of Rajasthan – Respondent
ORDER
1. Instant writ petition lays challenge to the order dated 16.04.2021, passed by Appellate Authority, whereby, petitioner's appeal against the order dated 05.09.2018 passed by the respondent No.3, has been rejected on the ground of delay.
2. For the purpose of narration of facts, suffice it to mention that the petitioner had preferred an appeal under Rule 63(4) of the Rajasthan Minor Mineral Concession Rules, 2017 (hereinafter referred as "the Rules of 2017") against the order dated 05.09.2018 passed by the Assistant Mining Engineer, Balesar.
3. The above appeal was filed on 15.03.2021 alongwith an application under Section 5 of the Limitation Act.
4. The Appellate Authority rejected petitioner's appeal on the ground of limitation inter alia observing that the appellant (petitioner herein) was required to file the appeal within a period of six months from the date of order.
5. Mr. Vyas, learned counsel for the petitioner, argued that the rejection of petitioner's appeal by the Appellate Authority vide its order dated 16.04.2021 was clearly contrary to facts and law involved in the present case.
6. He argued that the period of limitation begins from the date of receipt/communication
The limitation for appeals under the Rajasthan Minor Mineral Concession Rules is calculated from the date of communication of the order, not the date of the order itself.
Substantial justice must prevail over technicalities; delay in filing an appeal can be condoned if sufficient cause is shown.
Plausible reasons for delay can be considered for condonation of delay, and each day's delay is not required to be explained as per legal precedent.
An appeal that is time-barred cannot be entertained without a proper application for condonation of delay, and such a defect is curable if addressed promptly.
Point of Law : It is only after that application is allowed, appeal can be entertained and heard on merits.
The court ruled that strict compliance with statutory time limits is mandatory, and substantial justice cannot override clear legislative provisions regarding delay in filing appeals.
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