HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 3470/2022
Madholal S/o Chatra, Aged About 60 Years, R/o Village Kemla,
Tehsil Nainwa, District Bundi.
----Petitioner
Versus
Birdilal S/o Dhokal, R/o Village Kemla, Tehsil Nainwa, District
Bundi.
----Respondent
For Petitioner(s) : Mr.Sanjay Joshi, Adv.
HON'BLE MR. JUSTICE ASHOK KUMAR GAUR Order 03/03/2022 The instant writ petition has been filed by the petitioner challenging the order dated 29.06.2016, passed by the Board of Revenue, whereby the restoration application filed by the petitioner in the review petition has been dismissed.
Learned counsel for the petitioner submitted that the petitioner had filed a revision petition before the Board of Revenue, whereby he had challenged the order dated 21.10.2008, passed by the SDO, Nainwa and the said revision petition came to be decided vide order dated 19.09.2014.
Learned counsel submitted that the petitioner preferred a review petition before the Board of Revenue against the judgment dated 19.09.2014 and during pendency of the said review petition, the same came to be dismissed on 26.04.2016 for non appearance of the counsel for the petitioner.
Learned counsel submitted that the petitioner had filed a restoration application and it was specifically mentioned in the (Downloaded on 04/03/2022 at 09:07:06 PM) (2 of 2) [CW-3470/2022] application that counsel for the petitioner had wrongly noted the date in his diary and as such the affidavit of the lawyer concerned was also been filed along-with the application.
Learned counsel submitted that the Board of Revenue has dismissed the said Restoration Application vide order dated 29.06.2016 on the ground of negligent behavior of the counsel appearing for the petitioner.
Learned counsel submitted that the Board of Revenue ought to have considered the genuine explanation furnished by the petitioner for restoring the review petition, however, the power of review has not been exercised in a proper manner.
I have heard the submissions made by learned counsel for the petitioner and perused the material available on record.
This Court finds that the restoration application filed by the petitioner has been dismissed vide order dated 29.06.2016 and the petitioner has filed this writ petition on 24.02.2022.
The challenge to the order passed by the Board of Revenue in the year 2022 itself makes a ground for dismissing the present writ petition. There is no limitation prescribed for filing the writ petition, however, it is to be seen as whether litigant has pursued the remedy expeditiously in a proper manner.
This Court finds that there has been a delay of more than 5 years and the petitioner has woken up now for filing the petition.
The present writ petition accordingly stands dismissed on the ground of delay and laches.
(ASHOK KUMAR GAUR),J Monika/12 (Downloaded on 04/03/2022 at 09:07:06 PM) Powered by TCPDF (www.tcpdf.org)