State Of Rajasthan vs Harkha Ram
2021 Latest Caselaw 16656 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Spl. Appl. Writ No. 451/2019

1. State Of Rajasthan, Through The Secretary, Department Of Home, Government Of Rajasthan, Secretariat, Jaipur.

2. Director General Of Police, Rajasthan Police Headquarter,jaipur.

3. The Superintendent Of Police, District Barmer.

4. Police Commissioner-Cum-Chairman, Selection Board Of Constable Recruitment, Jodhpur.

----Appellants Versus

1. Harkha Ram, Aged About 19 Years, By Caste Jat, Nehro Ka Tala, Nokhara, Tehsil Gudamalani, District Barmer.

2. Pramila Choudhary D/o Shri Bhoma Ram, Aged About 23 Years, By Caste Jat, Village Sutla, Post Sawau Moolraj, Tehsil Gida, District Barmer.

3. Premi Jat D/o Shri Karna Ram, Aged About 21 Years, Village Post Siyagon Ka Tala, Bijrad, Tehsil Chohtan, District Barmer.

----Respondents

For Appellant(s) : Mr. Manish Vyas, AAG

HON'BLE MR. JUSTICE VIJAY BISHNOI HON'BLE MR. JUSTICE ANOOP KUMAR DHAND

Order

09/11/2021

The matter comes up for consideration of the application

under Section 5 of the Limitation Act preferred on behalf of the

appellant - State with a prayer for condoning the delay of 93 days

in filing the appeal.

Despite service of notice upon the respondents, none

appeared on their behalf.

(2 of 2) [SAW-451/2019]

Learned counsel for the appellants has submitted that the

delay in filing the appeal is not intentional.

Having heard learned counsel for the appellants and taking

into consideration the averments made in the application under

Section 5 of the Limitation Act, the same is allowed and the delay

of 93 days in filing the appeal is condoned.

Mr. Manish Vyas, AAG has submitted that though the

judgment dated 06.10.2018 passed in S.B. Civil Writ Petition

No.13790/2018 Rajesh Kumar and Anr. Vs. State of

Rajasthan and Ors., on which, the learned Single Judge has

placed reliance while passing the impugned order dated

12.08.2018 has been reversed by the Division Bench of this Court,

but the Hon'ble Supreme Court vide judgment dated 24 January,

2020 has set aside the judgment passed by the Division Bench of

this Court and affirmed the order passed by the learned Single

Judge dated 06.10.2018 passed in S.B. Civil Writ Petition

No.13790/2018 Rajesh Kumar and Anr. Vs. State of

Rajasthan and Ors.

In view of the fact that the judgment passed by the learned

Single Judge in S.B. Civil Writ Petition No.13790/2018 dated

06.10.2018 [Rajesh Kumar and Anr. Vs. State of Rajasthan

and Ors.] has already been affirmed by the Hon'ble Supreme

Court, we are not inclined to interfere in this appeal and the same

is dismissed as such.

(ANOOP KUMAR DHAND),J (VIJAY BISHNOI),J

47-akash/-

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