1/2 S.B. CIVIL WRIT PETITION NO.2568/2005 Ram Bharose Shashi Vs. State of Rajasthan & Ors. Date : 18.02.2008 PRESENT HON'BLE DR. JUSTICE VINEET KOTHARI Mr. B.M. Bohra for the petitioner. Mr. O.P. Boob, Addl. Government Advocate for the respondents. --------- 1. Heard learned counsel. 2. The impugned order Annex.7 has been passed by the Additional Director (Mines), Jodhpur Zone, Jodhpur saying that he does not have any power to hear the appeal under the provisions of Rajasthan Land Revenue Act and, therefore, the appeal is dismissed as not maintainable. 3. The learned counsel for the petitioner points out that the said appeal was in fact filed under Rule 43 of the Rajasthan Mining Mineral Rules, 1946 against the order dated 9.3.2005 Annex.3 by which a demand of Rs.1,22,49,900/- was raised against the petitioner on account of alleged illegal mining. Learned counsel submits that the petitioner made a detailed representation Annex.2 dated 18.10.2004 before the Mining Engineer, Jodhpur explaining therein that alleged illegal mining was not done by him at all. 2/2 4. Be that as it may, prima facie it appears that the Additional Director (Mines) has erred in rejecting the appeal as not maintainable because under rule 43 of this aforesaid Rules, an appeal clearly lies to the Director of Mines including Additional Director under a delegated power to hear the appeal against the orders passed by the Mining Engineer. 5. Accordingly, this writ petition is allowed. The impugned order Annex.7 dated 26.4.2005 is quashed and set aside and the matter is remitted back to the said Additional Director (Mines), Jodhpur Zone, Jodhpur to decide the appeal afresh on merits after giving opportunity of hearing to the petitioner in this regard. The petitioner may appear before such authority in the first instance on 10.3.2008 and thereafter the appeal may be decided expeditiously within a period of 3 months. 6. With these observations, the writ petition is allowed. [ DR. VINEET KOTHARI ], J. item No.9 babulal/-