HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Civil Misc. Application No.553/2020
And
D.B. Special Appeal Writ No. 871/2020
In
S.B. Civil Writ Petition No.21705/2018
1. State Of Rajasthan Through Its Secretary, Department Of
Home, Govt. Secretariat, Jaipur (Raj.)
2. Inspector General Of Police, Police Head Quarter, Jaipur
(Raj.)
3. Superintendent Of Police, Jaipur (Raj.)
4. Superintendent Of Police, Udaipur (Raj.)
----Appellants
Versus
1. Mansingh Son Of Shri Keshar Singh, Aged About 26
Years, Resident Of Village Kiranpura Badiya Loomba,
Tehsil Beawar, District Ajmer (Raj.)
2. Vishnu Singh Son Of Shri Virad Singh, Aged About 21
Years, Resident Of Village And Post Barnu Bhim, Tehsil
Bhim, District Rajsamand (Raj.)
3. Dharmamvir Singh Meena Son Of Shri Jagannath Meena,
Aged About 33 Years, Resident Of Village Chak Indergarh,
Post Indergarh, Thesil Jamwa Ramgadh District Jaipur
(Raj.)
4. Pooja Meena Daughter Of Shri Jaldhari Meena, Aged
About 29 Years, Resident Of Chhuttan Lal Captan Sonya
Ka Kua Bharat Nagar Alwar, District Alwar (Raj.)
----Respondents
For Appellant(s) : Mr. Harshal Tholia Advocate on behalf of Dr. Vibhuti Bhushan Sharma, Additional Advocate General through Video Conferencing.
HON'BLE MRS. JUSTICE SABINA HON'BLE MR. JUSTICE CHANDRA KUMAR SONGARA (Downloaded on 05/01/2021 at 09:07:34 PM) (2 of 3) [CMCW-553/2020] Judgment / Order 04/01/2021 Vide this order, application moved by the appellants under Section 5 of the Limitation Act seeking condonation of delay in filing the appeal would be disposed of.
Learned State counsel has submitted that delay in filing the appeal was duly explained and was unintentional. Delay in filing the appeal could not be described as deliberate or intentional.
Respondents had filed writ petition seeking a direction that their Physical Efficiency Test be conducted as they could not participate in the test conducted by the appellants being unable to download the admit card. Writ petition filed by the respondents was allowed by the learned Single Judge basing reliance on the decision passed in S.B. Civil Writ Petition No.13790/2018 titled as Rajesh Kumar and Another Versus The State of Rajasthan and Others decided on 06.10.2018. However, the present appeal is time barred by 697 days.
We have carefully gone through the contents of the application seeking condonation of delay in filing the appeal, but we are of the opinion that the delay in filing the appeal cannot be said to be unintentional or bona-fide. The impugned order was passed on 24.10.2018 in the presence of counsel for the parties. Thereafter, appellants should have been vigilant in filing the appeal within the prescribed period of limitation. However, the appeal has been filed after delay of 697 days.
Admittedly, the order passed in S.B. Civil Writ Petition No.13790/2018 has been upheld upto the Hon'ble Supreme Court, although, it was observed by the Hon'ble Supreme Court while (Downloaded on 05/01/2021 at 09:07:34 PM) (3 of 3) [CMCW-553/2020] deciding the matter that the decision rendered in the said case would not be treated as a precedent.
Keeping in view the facts and circumstances of the present case, we are of the considered opinion that the delay in filing the appeal is not liable to be condoned.
Accordingly, application is dismissed. Consequently, the appeal is dismissed being time barred.
(CHANDRA KUMAR SONGARA),J (SABINA),J
Sanjay Kumawat-44
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