The State Of Rajasthan vs Jaya Purohit
2021 Latest Caselaw 11171 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Writ Restoration No. 107/2020

1. The State Of Rajasthan, Through The Secretary,

Department Of Elementary Education, Government Of

Panchayati Raj, Jaipur.

2. The Director, Elementary Education, Directorate, Bikaner.

----Petitioners Versus Jaya Purohit D/o Shri Prakash Chandra Purohit, Aged About 36

Years, By Caste Purohit, R/o Village Kelwa, District Rajsamand

(Rajasthan).

                                                                    ----Respondent


For Petitioner(s)            :     Mr. Pankaj Sharma, AAG
For Respondent(s)            :     --

HON'BLE MR. JUSTICE SANDEEP MEHTA HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Judgment

19/07/2021

The instant application for restoration is delayed by 547

days.

Learned AAG Shri Pankaj Sharma has filed an application

under Section 5 of the Limitation Act for condonation of delay. On

a perusal of the same, it is apparent that not even a semblance of

explanation is reflected from the application regarding the gross

delay occasioned in filing of the restoration application. Thus,

keeping in view the principles laid down by the Supreme Court in

the case of Office of the Chief Post Master General & Ors. v.

Living Media India Ltd. & Ors. reported in AIR 2012 SC 1506,

(2 of 2) [WRES-107/2020]

the instant application for condonation of delay is not fit to be

accepted and as such, is dismissed.

As a consequence, the restoration application is dismissed as

being time-barred.

(MANOJ KUMAR GARG),J (SANDEEP MEHTA),J 6-Sudhir Asopa/-

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