Lrs Of Swai Singh vs The State Of Rajasthan
2021 Latest Caselaw 11299 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 9127/2021

Lrs Of Swai Singh, Through Lrs-

1. Sirya Kanwar W/o Late Sh. Sawai Singh (Died), R/o Gram Panchayat Lordi Panditji Tehsil - Jodhpur, District - Jodhpur (Raj.).

2. Sher Singh S/o Late Shri Sawai Singh, Aged About 21 Years, R/o Gram Panchayat Lordi Panditji Tehsil - Jodhpur, District - Jodhpur (Raj.).

3. Jyoti Kanwar D/o Late Sh. Sawai Singh, Aged About 18 Years, R/o Gram Panchayat Lordi Panditji Tehsil - Jodhpur, District - Jodhpur (Raj.).

4. Surja Kanwar D/o Late Sh. Sawai Singh, Aged About 16 Years, Minor Through Her Legal Guardian Brother Sh. Sher Singh S/o Late Sh. Sawai Singh, R/o Gram Panchayat Lordi Panditji Tehsil

- Jodhpur, District - Jodhpur (Raj.).

5 Jaswant Singh S/o Late Sh. Sawai Singh, Aged About 14 Years, Petitoner Nos.4 and 5 are Minor Through His Legal Guardian Brother Sh. Sher Singh S/o Late Sh. Sawai Singh, R/o Gram Panchayat Lordi Panditji Tehsil - Jodhpur, District - Jodhpur (Raj.).

----Petitioners

Versus

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

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

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

                                                                   ----Respondents


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



                 HON'BLE MR. JUSTICE VIJAY BISHNOI

                                       Order

22/07/2021




                                                                               (2 of 2)                 [CW-9127/2021]

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 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 17.06.2015 is quashed and set

aside.

The stay petition also stands disposed of accordingly.

(VIJAY BISHNOI),J

60-Surabhi

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