State Of Rajasthan vs Lal Chand Banshval
2021 Latest Caselaw 16182 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Spl. Appl. Writ No. 390/2019

1. State Of Rajasthan, Through The Principal Secretary Public Health Engineering Department, Government Of Rajasthan, Jaipur.

2. The Chief Engineer (Rural), Department Of Public Health Engineering Department, Government Of Rajasthan, Jaipur.

3. Superintending Engineer, Public Health And Engineering Department, Circle Churu.

----Appellants Versus Lal Chand Banshval S/o Mohan Lal, Prakash Pathshala Ward No. 1, Regar Basti Ratangarh District Churu.

----Respondent

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

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

Judgment / Order

25/10/2021

This Special Appeal has been filed by the appellant-State

challenging the order dated 24.03.2017 passed by the learned

Single Judge in SB Civil Review Petition No.120/2014, whereby the

prayer of State to review the order dated 27.09.13 passed in

SBCWP No.1802/11 has been refused.

As per the office report, there is delay of 469 days in filing

this Special Appeal.

(2 of 2) [SAW-390/2019]

Mr. Pankaj Sharma, learned AAG has submitted that there

was no intention on the part of the State to file this Special Appeal

with delay of 469 days and the same is bonafide.

Having heard learned counsel for the parties and after

perusing the material on record, we are of the opinion that the

learned Single Judge has not committed any illegality in passing

the impugned order while observing that the order passed in SB

Civil Writ Petition No.1802/2011 on 27.09.13 was passed on the

basis of categorical statement made by learned counsels for the

parties before the Court that the controversy involved in the writ

petition is squarely covered by a decision rendered in "Lal Chand

Sharma Vs. State of Rajasthan & Ors." (SB Civil Writ Petition

No.4838/96).

Having heard the learned counsel for the parties, we do not

find any case for interference in this Special Appeal and the same

is hereby dismissed.

The application under Section 5 of the Limitation Act is also

disposed of.

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

1-Arun/-

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