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2025 DAILYLAW 31390 (RAJ)

ABID ALI S/O SHRI HURMAT KHAN v. STATE OF RAJASTHAN

CW/18083/2024 · 2025-04-22

Anoop Kumar Dhand

Transfer Petitionbody2025

Judgment text

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[2025:RJ-JP:17003] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 18083/2024 Abid Ali S/o Shri Hurmat Khan, Aged About 52 Years, Resident Village Solpur, P.o. Agom, Tehsil Firozpur Jhirka, District Nohu (Haryana). ----Petitioner Versus 1. State Of Rajasthan, Through Additional Chief Secretary, Department Of Mines And Petroleum, Government Of Rajasthan, Government Secretariat, Jaipur (Raj.). 2. Director, Department Of Mines And Geology, Udaipur (Raj.). 3. Mining Engineer, Department Of Mines And Geology, Bharatpur (Raj.). 4. Assistant Mining Engineer (Recovery), Mines And Geology, Bharatpur (Raj.). ----Respondents For Petitioner(s) : Mr. Anurag Sharma Mr. Anoop Meena For Respondent(s) : JUSTICE ANOOP KUMAR DHAND Order 22/04/2025 1. By way of filing this writ petition, a challenge has been led to the impugned orders dated 20.05.2024 and 27.08.2024 passed by the Mining Engineer, Bharatpur by which the recovery orders have been passed against the petitioner. 2. Admittedly, the aforesaid orders passed by the Mining Engineer are appealable before the Appellate Authority under the Rajasthan Minor Mineral Concession Rules, 2017 but without availing the alternative remedy of filing an appeal, the petitioner [2025:RJ-JP:17003] (2 of 2) [CW-18083/2024] has straightway approached this Court by way of filing this writ petition. 4. It is a well settled proposition of law that whenever an alternative remedy of filing statutory appeal is available with a person, he cannot be allowed to bypass the jurisdiction of the Appellate Authority. 5. In view of the above, the instant writ petition stands disposed of, granting liberty to the petitioner to avail alternative remedy for filing appeal before the Appellate Authority. In case, such appeal is submitted by the petitioner before the Appellate Authority within a period of six weeks from today, the Appellate Authority is expected to hear and decide the same on its merit strictly in accordance with law, ignoring the period of limitation. 6. Stay application and all pending application, if any, also stand disposed of. (ANOOP KUMAR DHAND),J Ashu/8