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Alpa Narain Dwivedi v. The State Of U.P. Through The Secretary & Others - WRIT - C No. 25731 of 2007  RD-AH 10252 (29 May 2007)
Hon'ble Ashok Bhushan, J.
Issue notice to respondents No. 5 to 9.
Learned counsel for the petitioner Sri S.P. Singh senior Advocate assisted by Sri Arvind Srivastava contended that the order passed by the State Government dated 11th April, 2007 under Rule 78 of the U.P. Minor Mineral Concession Rule, 1963 is per se illegal. Since the revision being barred by time the revisional authority is proceeding to decide the revision on merits. He contends that the revision filed under Rule 78 of 1963 Rules, the provisions of Section 5 of the Limitation Act are not applicable. The State Government has no power to condone the delay. Reliance has been placed on the judgement of this Court passed in Civil Misc. Writ Petition No.1255 of 2005 Deo Raj Versus State of Uttar Pradesh & others . Learned counsel for the petitioner submits that the State Government has relied on the order of this Court dated 26.10.2006 passed in writ petition No. 6846 (M/B) of 2006 which order only dismissed the writ petition on the ground of availability of alternative remedy of revision. He submits that the Court by order dated 26.10.2006 did not determine as to whether the revision was barred by time, can be entertained and decided. The judgement of this Court dated 3.3.2005 in Deo Raj's case (supra) prima facie supports the contention of the petitioner's counsel.
In view of above let notice be issued to the respondents No. 5 to 9. Steps for service be taken within one week. Respondents are allowed four weeks' time to file counter affidavit. List on 16th of July, 2007.
Till the next date of listing no further proceedings shall take place in pursuance of the order dated 11th April, 2007.
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