The State Of Rajasthan vs Vinod Kumar Joshi
2021 Latest Caselaw 17149 Raj

(1 of 3) [SAW-178/2020]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Spl. Appl. Writ No. 178/2020

1. The State Of Rajasthan, Through The Secretary, Rural Development And Panchayati Raj Department, Secretariat, Jaipur, Rajasthan.

2. Director, Rural Development And Panchayati Raj Department, Jaipur, Rajasthan.

3. District Collector, Bhilwara.

4. Chief Executive Officer, And Additional District Program Coordinator E.G.S., Zila Parishad Bhilwara.

5. Program Officer Cum Vikas Adhikari Panchayat Samiti, Asind District Bhilwara.

6. Program Officer Cum Vikas Adhikari Panchayat Samiti, Hurda, District Bhilwara.

7. Program Officer Cum Vikas Adhikari Panchayat Samiti, Mandal District Bhilwara.

8. Program Officer Cum Vikas Adhikari Panchayat Samiti, Sahada District Bhilwara.

----Appellants Versus

1. Vinod Kumar Joshi S/o Shri Shyam Lal Joshi, Aged About 32 Years, A-34, Vijay Singh Pathik Nagar, Bhilwara, District Bhilwara Presently Working As Mis Manager, Panchayat Samiti And Asind, District Bhilwara.

2. Yashoda Kumari Kumawat W/o Shri Kanhaiya Lal Kumawat, Aged About 34 Years, Post Sareri Badaronki, Via- Raila, Tehsil Hurda, District Bhilwara, Presently Working As Mis Manager, Panchayat Samiti Hurda, District Bhilwara.

3. Abdul Rashid Sheikh S/o Shri Abdul Kadir, Aged About 33 Years, 1938, Meja Road, Roshan Nagar, Mandal, District Bhilwara, Presently Working As Mis Manager, Panchayat Samiti Mandal, District Bhilwara.

4. Abhishek Pandey S/o Shri Chandra Shekhar Pandey, Aged About 31 Years, B-301, R.k. Colony Bhilwara, District Bhilwara, Presently Working As Mis Manager, Panchayat Samiti Sahada, District Bhilwara.

                                                                 ----Respondents


For Appellant(s)          :     Mr. Sunil Beniwal, AAG





                                          (2 of 3)               [SAW-178/2020]


            HON'BLE MR. JUSTICE VIJAY BISHNOI

HON'BLE MR. JUSTICE ANOOP KUMAR DHAND

Order

16/11/2021

The Registry has pointed out as many as seven defects.

Except the defect of delay in filing the appeal, all other defects are

inconsequential, hence the same are waived.

The present appeal filed by the appellant-State is barred by

299 days and an application under Section 5 of the Limitation Act

seeking condonation of delay has been filed.

Mr. Sunil Beniwal, learned Additional Advocate General, has

submitted that the delay in filing the appeal is not intentional.

Having heard learned counsel for the appellant and after

going through the averments made in the application, we deem it

appropriate to condone the delay in filing the appeal.

Hence, application under Section 5 of the Limitation Act for

condonation of delay is allowed and the delay of 299 days in filing

the present appeal is condoned.

It is noticed that learned Single Judge has disposed of S.B.

Civil Writ Petition No.2206/2019 in terms of decision passed by

learned Single Judge in S.B. Civil Writ Petition No.4954/2018

(Parin Rawal Vs. State of Rajasthan & Ors.) on 14.11.2018. It is

informed that against the judgment dated 14.11.2018, D.B.

Special Appeal (Writ) No.1422/2019 was preferred, however, a

Coordinate Bench of this Court dismissed the said special appeal

vide order dated 26.11.2019.

Mr. Sunil Beniwal, learned AAG, has informed this Court that

against the order dated 26.11.2019, passed by the Division

Bench, a special leave petition is preferred before the Apex Court

(3 of 3) [SAW-178/2020]

and the Apex Court was pleased to tag the same with another

special leave petition bearing registration No.30747/2019. It is

also informed that in special leave petition No.30747/2019 (State

of Rajasthan and Ors. Vs. Dinesh Kumar Choudhary & Ors.), the

Apex Court has granted stay order in favor of the State.

Be that as it may, when the judgment passed in the case of

Parin Rawal (supra) has already been affirmed by the Division

Bench of this Court vide judgment dated 26.11.2019 passed in

D.B. Special Appeal (Writ) No.1422/2019, we are not inclined to

interfere in this appeal.

Hence, the instant appeal is also disposed of in terms of

order dated 26.11.2019, passed by the Division Bench of this

Court in D.B. Special Appeal (Writ) No.1422/2019.

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

22-T.Singh/-

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