HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Spl. Appl. Writ No. 513/2020
1. State Of Rajasthan, Through The Principal Secretary, Rural Development And Panchayati Raj Department, Government Of Rajasthan, Jaipur, Rajasthan.
2. The Joint Secretary-Cum-Commissioner, Rural Development And Panchayati Raj Department, Government Of Rajasthan, Jaipur.
3. The District Collector-Cum-Programme Coordinator, Employment Guarantee Scheme, Dungarpur.
----Appellants Versus Praveen Singh Rao S/o Shri Tikkam Singh Rao, Aged About 42 Years, Sagwadiya, Tehsil Gadi, District Banswara, Rajasthan.
----Respondent
For Appellant(s) : Mr. Sunil Beniwal, AAG
assisted with Mr. Pranjul Mehta
For Respondent(s) :
HON'BLE MR. JUSTICE VIJAY BISHNOI
HON'BLE MR. JUSTICE MADAN GOPAL VYAS
Order
06/01/2023
The Registry has pointed out as many as seven defects. Except the defect of delay in filing the appeal, all other defects are inconsequential, hence the same are waived.
The present appeal filed by the appellant-State is barred by 965 days and an application under Section 5 of the Limitation Act seeking condonation of delay has been filed.
Mr. Sunil Beniwal, learned Additional Advocate General, has submitted that the delay in filing the appeal is not intentional. (Downloaded on 07/01/2023 at 11:39:00 PM)
(2 of 3) [SAW-513/2020] Having heard learned counsel for the appellant and after going through the averments made in the application, we deem it appropriate to condone the delay in filing the appeal.
Hence, application under Section 5 of the Limitation Act for condonation of delay is allowed and the delay of 965 days in filing the present appeal is condoned.
It is noticed that learned Single Judge has disposed of S.B. Civil Writ Petition No.2206/2019 in terms of decision passed by learned Single Judge in S.B. Civil Writ Petition No.4954/2018(Parin Rawal Vs. State of Rajasthan & Ors.) on 14.11.2018. It is informed that against the judgment dated 14.11.2018, D.B. Special Appeal (Writ) No.1422/2019 was preferred, however, a Coordinate Bench of this Court dismissed the said special appeal vide order dated 26.11.2019.
Mr. Sunil Beniwal, learned AAG, has informed this Court that against the order dated 26.11.2019, passed by the Division Bench, a special leave petition is preferred before the Apex Court and the Apex Court was pleased to tag the same with another special leave petition bearing registration No.30747/2019. It is also informed that in special leave petition No.30747/2019 (Stateof Rajasthan and Ors. Vs. Dinesh Kumar Choudhary & Ors.), the Apex Court has granted stay order in favor of the State.
Be that as it may, when the judgment passed in the case of Parin Rawal (supra) has already been affirmed by the Division Bench of this Court vide judgment dated 26.11.2019 passed in D.B. Special Appeal (Writ) No.1422/2019, we are not inclined to interfere in this appeal.
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(3 of 3) [SAW-513/2020] Hence, the instant appeal is also disposed of in terms of order dated 26.11.2019, passed by the Division Bench of this Court in D.B. Special Appeal (Writ) No.1422/2019. (MADAN GOPAL VYAS),J (VIJAY BISHNOI),J 92-Arun/-
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