Rajasthan High Court
Shakuntala Devi Wife Shree ... vs Apollo Animal Medical Group Trust on 20 December, 2021
Bench: Manindra Mohan Shrivastava, Farjand Ali
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D. B. Civil Misc. Application No. 186/2021
In
D. B. Special Appeal (Writ) No. 1415/2019
In
S. B. Civil Writ Petition No. 9327/2019
(Decided on 29.10.2021)
Shakuntala Devi Wife of Shree Ramavtar Meena, aged about 42
years, Resident of Plot No. 5-H 173, Indira Gandhi Nagar,
Jagatpura, Jaipur (Raj.).
----Appellant-Writ Non-Petitioner
Versus
1. Apollo Animal Medical Group Trust, Jamdoli, Agra Road,
Jaipur through Alleged Founder Trustee Dr. Raj Ishwar D.
Khare Son of Late Shree Durga Dayal Khare, R/o 1728.
W. Cheletenham Ave, Philadelphia, PA. 19126 USA
presently residing at Guest House, Apollo College of
Veterinary Medicine, Village-Jamdoli, Agra Road, Jaipur
(Raj.).
2. Assistant Commissioner-1st, Devasthan Department,
Jaipur, Opposite Hawamahal, Ramchandra Ji Temple,
Jaipur (Raj.).
3. Dr. Srinivasan Ramanathan S/o Shri Kuppuswami, the
then Trustee (subsequently resigned) Apollo Animal
Medical Group Trust, R/o 43, Arihant Nagar, Jamdoli, Agra
Road, Jaipur.
4. Dulheram Meena Son of Shri Ramswaroop Meena, aged
about 52 Years, resident of Plot No. 17, Durga Vihar,
Sector No. 3, Malviya Nagar, Jaipur (Raj.).(presently
working trustee).
----Writ Non Petitioner/respondent/applicant
For Applicant : Mr. R. N. Mathur Senior Advocate
assisted by Ms. Surabhi Agarwal
Advocate.
(2 of 3) [WMAP-186/2021]
HON'BLE MR. JUSTICE MANINDRA MOHAN SHRIVASTAVA
HON'BLE MR. JUSTICE FARJAND ALI
Order
20/11/2021
Heard on prayer for modification of order dated
29.10.2021 passed by this Court in D. B. Civil Special Appeal
(Writ) No. 1415/2019.
Learned Senior Counsel appearing on behalf of the
applicant would submit that at the time when the order was being
passed by this Court earlier on 29.10.2021, it could not be
highlighted that Respondent No. 4 in the appeal (since disposed
off) had already moved an application for review, which remained
pending on 29.10.2021.
Relying upon the decision of the Hon'ble Supreme Court
in the case of State of Manipur & Others Vs. All Manipur
Regular Post Vacancies S.T.A. & Others, (1997) 10 SCC 385,
learned Senior Counsel would submit that the period during which
the review petition had remained pending, has to be excluded for
the purposes of computation of period of limitation in filing the
writ-appeal. According to him, since the review petition was
pending, while filing appeal, appellant may not be even required
to seek any condonation of delay as entire period from 01.08.2019
would stand excluded.
It is contended that the occasion to seek modification
has arisen because the order of the Court passed on 29.10.2021
seeks to restrict the benefit which the applicant could seek in view
of the judgment of the Hon'ble Supreme Court in the case of
State of Manipur & Others Vs. All Manipur Post Vacancies
S.T.A. & Others (Supra).
(3 of 3) [WMAP-186/2021]
While disposing off the writ-appeal filed by Shakuntala
Devi wherein present applicant (Dulheram Meena) was arrayed as
Respondent No. 4, we only dealt with a limited aspect of giving
liberty without in any manner limiting or restricting or
extinguishing the right of the applicant to bring into application
the legal position adumbrated by the Hon'ble Supreme Court in
State of Manipur & Others Vs. All Manipur Post Vacancies
S.T.A. & Others (Supra).
This application is disposed of with the clarification that
liberty granted to the applicant in order dated 29.10.2021 shall
not come in the way of claiming exclusion of the entire period
since the day the review petition has remained pending till the
date of filing of writ-appeal in exercise of liberty.
(FARJAND ALI),J (MANINDRA MOHAN SHRIVASTAVA),J
MANOJ NARWANI /1
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