State Of Rajasthan Through Its ... vs Mansingh Son Of Shri Keshar Singh
2021 Latest Caselaw 12 Raj/2

      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

(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

(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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