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State Of Rajasthan vs Ram Kumar
2021 Latest Caselaw 16181 Raj

Citation : 2021 Latest Caselaw 16181 Raj
Judgement Date : 25 October, 2021

Rajasthan High Court - Jodhpur
State Of Rajasthan vs Ram Kumar on 25 October, 2021
Bench: Vijay Bishnoi, Sudesh Bansal

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Spl. Appl. Writ No. 669/2019

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

2. Director Elementary Education, Bikaner, Rajasthan.

3. Chief Executive Officer, Zila Parishad, Nagaur.

----Appellants Versus Ram Kumar S/o Shri Moola Ram, Aged About 39 Years, R/o Vpo Dholiya, Tehsil Ladnun, Dist. Nagaur, Rajasthan.

                                                                        ----Respondent


For Appellant(s)           :     Mr. Pankaj Sharma, AAG
                                 Mr. Deepak Chandak, AGC
For Respondent(s)          :



             HON'BLE MR. JUSTICE VIJAY BISHNOI
             HON'BLE MR. JUSTICE SUDESH BANSAL

                           Judgment / Order

25/10/2021

This Special Appeal has been preferred on behalf of the

respondent-State being aggrieved with the order dated

03.08.2018 passed by the learned Single Judge in SB Civil Writ

Petition No.11236/2013 (Ram Kumar Vs. State of Rajasthan &

Ors.).

The office has reported that the appeal is barred by

limitation of 43 days and the application of under Section 5 of the

Limitation Act has also been filed along with the appeal.

Learned counsel for the appellants has submitted that the

delay in filing the appeal is bonafide and not intentional.

(2 of 2) [SAW-669/2019]

On merits, learned counsel for the appellants has submitted

that the respondent is not entitled to get any relief as per order

dated 20.12.2017 passed in SB Civil Writ Petition No. 11461/2017

(Budha Ram Jajra Vs. State of Rajasthan & Ors.).

We have gone through the impugned order passed by the

learned Single Judge. The learned Single Judge has simply gave

directions to the respondents to decide the representation of the

respondent Ram Kumar in terms of Budha Ram Jajra's case

(supra) within a period of 60 days strictly in accordance with law.

We are of the opinion that if the respondent is not entitled to

get any relief in terms of Budha Ram Jajra's case (supra), the

respondent-State can otherwise decide his representation

mentioning the same reason.

In such circumstances, we do not find any case for

interference in this special appeal and the same is dismissed as

such.

The application of under Section 5 of the Limitation Act is

also disposed of.

(SUDESH BANSAL),J (VIJAY BISHNOI),J

2-Arun/-

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