SBCWP NO.1207/2006 –NOOR KHAN V/S STATE OF RAJASTHAN AND ORS. : JUDGMENT DTD.29.4.2008 1/2 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR. S.B. CIVIL WRIT PETITION NO.1207/2006 Noor Khan versus State of Rajashan and ors. PRESENT HON'BLE Dr.JUSTICE VINEET KOTHARI Mr.Girish Joshi, for the petitioner. Mr.Rishi Vaishnav, for respondents DATE OF JUDGMENT : 29th April, 2008. JUDGMENT 1. The learned counsel for the respondents has filed an additional affidavit in this Court on 17.4.2008 producing therewith statement dtd.8.7.1998 giving possession of mine in question to the petitioner after demarcation of the limits. He further submits that vide order dtd.29.1.2003 Annex.A/A/3 the said lease of mine No.115 in favour of the petitioner Noor Khan was cancelled. SBCWP NO.1207/2006 –NOOR KHAN V/S STATE OF RAJASTHAN AND ORS. : JUDGMENT DTD.29.4.2008 2/2 2. The learned counsel for the petitioner submits that since this order was not communicated during the relevant period to the petitioner, the petitioner could not avail the remedy by way of appeal against the said cancellation of mining lease and therefore, he may be now permitted to avail remedy by way of appeal. 3. In the facts and circumstances of the case, since admitted an appeal lies against the order cancelling the lease-deed, which was passed on 29.1.2003 in the present case, but however since the said order does not appear to have been served on the petitioner during the relevant period, the petitioner is now permitted to prefer an appeal if so advised against the said order within a period of one month from today. If such appeal is filed within a period of one month from today, the same shall be decided by the Appellate Authority on merits in accordance with law. 4. With these observations, this writ petition is disposed of. No order as to costs. (Dr.VINEET KOTHARI)J. Item No.48 Ss/-