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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE VINIT KUMAR MATHUR, J
SWAROOP RAM BISHNOI – Appellant
Versus
THE STATE OF RAJASTHAN – Respondent
Order :
1. Learned counsel for the petitioner submits that the controversy involved in the preset writ petition is squarely covered by a judgment rendered by this Court in S.B. Civil Writ Petition No.136/2022 (Khivsingh vs. State of Rajasthan & Ors.), decided on 11.12.2024 in the following terms :-
“This writ petition has been filed by the petitioner aggrieved of the order dated 30.09.2020 (Annex.2) whereby the appeal filed by the petitioner has been dismissed as barred by limitation.
Learned counsel for the petitioner made submissions that the appeal filed by the petitioner has been rejected by the Additional Director, Mines without dealing with the aspects raised by the petitioner regarding the appeal being within limitation and therefore, the order passed by the Additional Director, Mines deserves to be quashed and set aside.
Learned counsel for the respondents made submissions that the plea sought to be raised by the petitioner stands answered from the annexure(s) filed with the reply and, therefore, the writ petition deserves dismissal.
I have considered the submissions made by the counsel for the parties and have perused the material available on record.
By order impugned dated 30.
An appellate authority must issue a reasoned decision addressing all arguments, particularly regarding limitation, to ensure fairness in administrative proceedings.
The appellate authority's non-speaking order on limitation grounds necessitates a remand for a reasoned decision on the merits of the appeal.
Substantial justice must prevail over technicalities; delay in filing an appeal can be condoned if sufficient cause is shown.
The principle of res judicata applies at different stages of litigation, and failure to challenge prior decisions precludes subsequent applications on the same issues.
The trial court must reevaluate the limitation of a suit based on evidence and compliance with prior orders, rather than rely solely on earlier decisions.
The principle of res judicata and the provisions of Order XIV Rule 2 of the Code of Civil Procedure, 1908 were central to the court's decision.
A disputed question cannot be decided as a preliminary issue.
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.
The limitation for execution proceedings starts from the date of disposal of the appeal, regardless of whether there was a stay during the appeal.
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