Bhanwara Ram vs State Of Rajasthan
2021 Latest Caselaw 10037 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 8277/2021

Bhanwara Ram S/o Shri Kewal Ram, Aged About 38 Years, R/o Gram Panchayat Lordi Panditji Tehsil Jodhpur, Dist. Jodhpur (Raj.).

----Petitioner Versus

1. State Of Rajasthan, Through The District Collector, Jodhpur (Raj.)

2. The Block Development Officer, Panchayat Samiti Mandore, Dist. Jodhpur (Raj.)

3. The Gram Panchayat Lordi Pandit Ji, Through Its Sarpanch, Panchayat Samiti Mandore, Dist. Jodhpur.

----Respondents

For Petitioner(s) : Mr. Pawan Singh Rathore For Respondent(s) : Mr. G.S. Chouhan

HON'BLE MR. JUSTICE VIJAY BISHNOI

Order

05/07/2021

In response to the concern regarding limitation showed by

this Court on 4.7.2019, learned counsel for the petitioner placed

for perusal of this Court an order dated 17.1.2019 (SBCWP

No.841/2019-Padma Ram Vs. State of Raj.& Ors.) passed by a

coordinate Bench of this Court, whereby 10 identical writ petitions

arising from the same revisional order dated 15.07.2015 have

been allowed.

While taking support of the said judgment dated 17.1.2019,

learned counsel for the petitioner submits that those 10 writ

petitions also had been filed after a period of about 5 years, yet

(2 of 2) [CW-8277/2021]

they have been allowed by this Court on 20.11.2018, while

ignoring the delay and following the judgment of Naina Ram Vs.

State of Rajasthan & Ors. (SBCWP No.13015/2017).

This being the position, the delay of six years in filing the

writ petition is not treated to be fatal to the maintainability of

present writ petition with a view to give similar treatment to the

petitioner.

Learned counsel for the parties are in agreement that the

issue involved in the present writ petition is squarely covered by a

decision dated 17.1.2019 passed by this Court in a bunch of writ

petitions led by SBCWP No.841/2019: Padma Ram Vs. State of

Rajasthan & Ors.

The present writ petition is thus allowed in view of Padma

Ram (supra) and the impugned order dated 3.06.2015 is quashed

and set aside.

The stay petition also stands disposed of accordingly.

(VIJAY BISHNOI),J

39-Taruna/-

Powered by TCPDF (www.tcpdf.org)