Veeradevi vs State Of Rajasthan
2021 Latest Caselaw 16968 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 9983/2021

Veeradevi W/o Shri Sankararam, Aged About 56 Years, By Cast Mali, R/o Makoniya Ka Bera, Balesar Tehsil Balesar District Jodhpur.

----Petitioner Versus

1. State Of Rajasthan, Through Principal Secretary, Mines Department, Government Of Rajasthan, Secretariat, Jaipur.

2. The Additional Director (Enviornment And Development), Directorate Of Mines And Geology Department, Udaipur.

3. The Director, Mines Department, Mines And Geology Department, Udaipur.

4. The Assis. Mining Engineer, Department Of Mines And Geology, Balesar, Dist. Jodhpur.

                                                                 ----Respondents




For Petitioner(s)         :     Mr. Amit Vyas
For Respondent(s)         :     Mr. Mrigraj Singh
                                Mr. DS Jasol



                      JUSTICE DINESH MEHTA

                                     Order

15/11/2021

1. Learned counsel for the petitioner submits that the issue

involved in this case is covered by judgment of this Court of even

date rendered in case of Mohan Ram vs. State of Rajasthan & Ors.

being SBCWP No.9092/2021.

2. Mr. Mrigraj Singh and Mr. DS Jasol, learned counsel

appearing for the respondents, at the outset point out that though

the case on facts and on legal principles is covered, however, the

(2 of 2) [CW-9983/2021]

writ petition in hand suffers from inordinate delay and laches,

inasmuch as, the petitioner has sought to challenge the order of

the Appellate Authority passed way back on 11.12.2017.

3. Learned counsel for the respondents argued that petition in

hand deserves to be dismissed on the ground of delay and laches.

4. Having heard the objection of Mr. Mrigraj Singh, this Court is

of the view that though the petition in hand suffers from delay but

in the interest of justice and considering that identical matters

have been allowed, this Court deems it appropriate to ignore the

delay.

5. The delay of four years in filing the present writ petition is,

thus, condoned/ignored.

6. Following the reasons given in the case of Mohan Ram

(supra), the present writ petition is allowed.

7. The appeal filed by the petitioner is restored to the dockets

of Appellate Authority. Petitioner will place a copy of this order

before the Appellate Authority, who in turn will intimate the date

of hearing to the petitioner, whereafter the application for

condonation of delay shall be decided in light of the judgment of

this Court in the case of Madan Lal Vs. State of Rajasthan & Ors.

(SBCWP No.14920/2017) decided on 11.05.2018 so also the

judgment of this Court rendered in case of Mohan Ram (supra).

8. Stay application stands disposed of accordingly.

(DINESH MEHTA),J

137-pooja/-

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