Hon'ble Alok Mathur,J.
Learned counsel for the petitioner submits that this writ petition has been filed bonafidely taking note of the fact that an ex-parte order has been passed. Though, appeal against the order lies under Rule 77 of the Uttar Pradesh Minor Mineral (Concession) Rules, 1963.
It is submitted that let the petitioner withdraw this writ petition to avail remedy of appeal but with the observation that application for condonation of delay may be considered appropriately as limitation to maintain an appeal has already expired. It is after taking note of the fact that the petitioner was bonafidely pursuing this writ petition and otherwise the impugned order was passed, without an opportunity of hearing to the petitioner. It is also with the observation that if an application for interim relief is moved, it may be considered appropriately.
We have taken note of the submission made by the learned counsel for the petition and accordingly it is disposed of with the following order:-
1) The writ petition is dismissed as withdrawn with liberty to maintain an appeal under Rule 77 of the Uttar Pradesh Minor Mineral (Concession) Rules, 1963;
2) An appeal may now be preferred within fifteen days from today along with application for condonation of delay in reference to Sections 5 & 14 of the Limitation Act. In case of such an application, the competent authority would consider it as per law and therein taking note of the fact that petitioner was bonafidely pursuing this writ petition;
3) The petitioner can move an application for interim relief and in that case, it would be considered appropriately by the authority concerned, in accordance with law.
Order Date :- 27.8.2019 Nitesh