Smt. Prem vs State Of Rajasthan
2021 Latest Caselaw 16444 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 13653/2021

Smt. Prem W/o Shri Kishna Ram, Aged About 35 Years, R/o Gram Panchayat Lordi Panditji Tehsil - Jodhpur, District - Jodhpur (Raj.).

----Petitioner Versus

1. State Of Rajasthan, Through The District Collector, Jodhpur (Raj.).

2. The Block Development Officer, Panchayat Samiti Mandore, District - Jodhpur (Raj.).

3. The Gram Panchayat Lordi Pandit Ji, Through Its Sarpanch, Panchayat Samiti Mandore, District Jodhpur.

                                                                        ----Respondents


For Petitioner(s)              :     Mr. Pawan Singh
For Respondent(s)              :     Mr. KK Bissa



                          JUSTICE DINESH MEHTA

                                      Judgment

28/10/2021

1. In response to the concern regarding limitation showed by a

Coordinate Bench of this Court on 04.07.2019 in Badri Ram Vs.

State of Rajasthan & Ors. (SBCWP No.9192/2019), learned

counsel for the petitioner had placed for perusal of that Court an

order dated 17.01.2019 passed by a Coordinate Bench of this

Court in Padma Ram Vs. State of Rajasthan & Ors.

(SBCWPNo.841/2019) and 9 other connected matters, whereby 10

identical writ petitions arising from the revisional orders dated

27.05.2015, 03.06.2015, 17.06.2015 and 30.06.2015, have been

allowed.

(2 of 2) [CW-13653/2021]

2. While taking support of the said judgment dated 17.01.2019,

learned counsel for the petitioner submits that those 10 writ

petitions also had been filed after a period of about 5 years, yet

they have been allowed by a Coordinate Bench of this Court while

ignoring the delay and following the judgment dated 20.11.2018

passed by that Court in Naina Ram Vs. State of Rajasthan & Ors.

(SBCWP No.13015/2017) and 13 other connected matters.

3. This being the position, the delay of six years in filing the

writ petition is not treated to be fatal to the maintainability of

present writ petition with a view to give similar treatment to the

petitioner.

4. Learned counsel for the parties are in agreement that the

issue involved in the present writ petition is squarely covered by a

decision dated 17.01.2019 passed by a Coordinate Bench of this

Court in a bunch of writ petitions led by SBCWP

No.841/2019:Padma Ram Vs. State of Rajasthan & Ors.

5. The present writ petition is thus allowed in view of Padma

Ram's case(supra) and the impugned order dated 30.06.2015 is

quashed and set aside.

6. The stay petition also stands disposed of accordingly.

(DINESH MEHTA),J

63-CPGoyal/-

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