[2023:RJ-JP:30689]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Misc. Review Petition No. 132/2023
IN
S.B. Civil Writ Petition No.12621/2021
Girdhar Lal Sharma S/o Late Shri Shiv Sahay Sharma, Aged
About 84 Years, R/o House No. 1562, Kot Ka Mohalla, Ward No.
6, Chaksu, Jaipur, Rajasthan.
----Review-Respondent/Petitioner
Versus
1. The Principal Secretary, Department Of Local Self Government, Secretariat, Jaipur, Rajasthan.
2. The Director, Swayat Shasan Vibhag, Government Of Rajasthan, Civil Lines Phatak, Jaipur, Rajasthan.
3. The Sub Divisional Officer, Chaksu, Jaipur.
4. The Chief Executive Officer, Nagar Palika, Chaksu, Jaipur .Review Respondents/respondents
5. Anil Kumar Sharma S/o Late Shri Satyanarayan Sharma, R/o Mishr Bhawan, Kot Ka Mohalla, Ward No.-6, Chaksu, Dist.- Jaipur, Rajasthan.
6. Satish Kumar Sharma S/o Late Shri Satyanarayan Sharma, R/o Mishr Bhawan, Kot Ka Mohalla, Ward No.-6, Chaksu, Dist.- Jaipur, Rajasthan.
7. Kush Sharma S/o Late Shri Suresh Chandra Sharma, Aged About 34 Years, R/o P-56, Girraj Nagar, Goliyawas, Mansarovar, Jaipur.
8. Love Sharma S/o Late Shri Suresh Chandra Sharma, R/o P-56, Girraj Nagar, Goliyawas, Mansarovar, Jaipur.
9. Sohan Lal Sharma S/o Late Shri Kishan Sharma, Aged About 82 Years, R/o Mishr Bhawan, Kot Ka Mohalla, Ward No.-6, Chaksu, Dist.- Jaipur, Rajasthan.
10. Rajesh Kumar Sharma S/o Late Shri Chauthmal Sharma, Aged About 49 Years, R/o 101/82, Sector 10, Kumbha Marg, Pratap Nagar, Sanganer, Jaipur.
11. Balkishan Sharma S/o Late Shri Chauthmal Sharma, Aged About 46 Years, R/o 101/82, Sector 10, Kumbha Marg, Pratap Nagar, Sanganer, Jaipur.
----Review-petitioners/Respondents For Petitioner(s) : Mr. Himanshu Ranjan Singh Bhati For Respondent(s) :
HON'BLE MR. JUSTICE GANESH RAM MEENA Judgment / Order (Downloaded on 11/11/2023 at 08:57:19 PM) [2023:RJ-JP:30689] (2 of 3) [WRW-132/2023] 19/10/2023
1. This review petition has been filed by the review-petitioner in regard to the order dated 29.03.2023 passed by this Court in S.B. Civil Writ Petition No.12621/2021. The petitioner has also filed the Application No.291/2023 under Section 5 of the Limitation Act for condonation of delay of one hundred and fifteen days' in filing the review petition.
2. Counsel for the petitioner submits that the order in regard to which the review petition is being filed is an ex-parte order and that was not in the knowledge of the petitioners and as soon as they came to know about the order dated 29.03.2023, without any further delay, have preferred the review petition.
3. Considering the submission made by counsel for the petitioner and the reasons mentioned in the Application No.291/2023, this Court is of the view that since the order in regard to which the review petition is filed is an ex-parte order and therefore, the delay in filing the review petition cannot be attributed to the petitioner and thus, the delay in filing the review- petition is condoned.
4. Accordingly, Application No.291/2023 filed under Section 5 of the Limitation Act for condonation of delay is allowed and the delay in filing the review petition is condoned.
5. The present review petition has been filed by the review- petitioners in regard to order dated 29.03.2023, whereby this Court in concluding para has observed as under:-
"Considering the facts and circumstances of the case, this Court deems just and proper to direct the respondent- Chief Executive officer, Nagar Palika, Chaksu, Jaipur to pass an appropriate order on the (Downloaded on 11/11/2023 at 08:57:19 PM) [2023:RJ-JP:30689] (3 of 3) [WRW-132/2023] application submitted by the petitioner within a period of two months, in accordance with law."
6. Counsel for the review-petitioners submits that the original petitioner- Girdhar Lal Sharma has made incorrect statement before this Court that he is the sole owner of the House No.1562, Kot Ka Mohalla, Ward No.6, Chaksu, whereas the respondents- petitioners are also having their share in the said house.
7. Counsel for the review-petitioner after arguing at some length made a limited prayer that this Court may kindly observe that while deciding the application for compliance of order of this Court dated 29.03.2023, the objections of the review-petitioners may also be considered. The Chief Executive Officer in regard to Nagar Palika, Chaksu, Jaipur may be directed to consider the objections submitted by the review-petitioners.
8. Considering the limited prayer made by counsel for the review-petitioners, this Court in the interest of justice in addition to the order dated 29.03.2023 further observes that the Chief Executive Officer, Nagar Palika, Chaksu, Jaipur while deciding the application of the petitioner- Girdhar Lal Sharma, the objections filed by the review-petitioners shall also considered.
9. With the observations made above, the present review petition is disposed of.
(GANESH RAM MEENA),J ARTI SHARMA /131 (Downloaded on 11/11/2023 at 08:57:19 PM) Powered by TCPDF (www.tcpdf.org)