State Of Rajasthan vs Shree Cement Limited
2022 Latest Caselaw 10991 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN JODHPUR

D.B. Spl. Appl. Writ No. 1670/2018

State Of Rajasthan

----Appellant Versus Shree Cement Limited

----Respondent

For Appellant(s) : Mr. Sandeep Shah, Senior Advocate-

cum-AAG with Ms. Akshiti Singhvi

For Respondent(s) : Mr. Mukesh Rajpurohit, ASG Mr. Ramit Mehta Mr. Tarun Dudia Ms. Alankrita Sharma (through VC)

HON'BLE MR. JUSTICE VIJAY BISHNOI HON'BLE MR. JUSTICE UMA SHANKER VYAS

Order

27/08/2022

The matter comes up for consideration of the application

under Section 5 of the Limitation Act with a prayer for condoning

the delay of 111 days in filing the present appeal.

In the application, it is averred that as soon as the certified

copy of the judgment is received, the same was sent to the

concerned Department and the Standing Committee of the

Department, in its meeting dated 11.10.2017, has taken up the

matter for consideration and certain information was sought from

the office of the Director, Mines and Geology and after receipt of

the information, again meeting of the Standing Committee was

convened on 25.10.2017 and it was decided that opinion from the

Advocate General of the State should be taken.

(2 of 3) [SAW-1670/2018]

On 26.10.2017, the State Government has requested the

Advocate General of the State for giving his opinion, however, the

he has requested the State Government to get opinion of the

Attorney General of India as the issue involved in the dispute will

have wide ramifications through out the country. The said letter

was received by the State Government on 07.11.2017 and the

Standing Committee in its meetings dated 10.11.2017 and

16.11.2017 took decision to seek opinion from the Attorney

General of India.

It is further averred in the appeal that on 23.01.2018, the

Standing Committee has ultimately decided to file an appeal

against the impugned judgment, thereafter, the Officer-in-charge

was appointed in the matter on 16.02.2018 and the Additional

Advocate General prepared the appeal and thereafter filed the

same on 08.03.2018.

Learned counsel for the appellant has submitted that the

delay in filing the appeal occurred on account of discussions at

various levels in the Department and due to time caused in

seeking opinion from the Advocate General of State as well as the

Attorney General of India. Learned counsel has further submitted

that the issue involved in this case will have wide ramifications

through out the country, hence, in the interest of justice, the delay

in filing the appeal may be condoned.

Per contra, learned counsel Mr. Ramit Mehta, appearing for

respondent No.1, has vehemently argued that the State

Government has failed to satisfactorily explain the delay in filing

the present appeal. It is further submitted that the letters or the

communications sent by the State Government to the Advocate

General of State as well as the Attorney General of India have not

(3 of 3) [SAW-1670/2018]

been filed along with the application. It is also submitted that the

State was required to comply with the directions given by the

learned Single Judge up to 18.12.2017, but the State Government

neither complied with the same nor filed the appeal within

limitation, therefore, in the facts and circumstances of the case

the delay in filing the appeal cannot be condoned. It is prayed that

the application under Section 5 of the Limitation Act as well as the

appeal filed by the respondent-State may kindly be dismissed.

Heard learned counsel for the parties and perused the

material available on record.

The State in the application under Section 5 of the Limitation

Act has mainly contended that the delay in filing the present

appeal is caused on account of official procedure. It is the case of

the respondent - State that as the dispute involved in this case

will have wide ramifications through out the country, the decision

for filing was required to be taken after due deliberation after

taking opinion from the experts and in that process delay has

been caused.

Having gone through the material available on record and

after hearing learned counsel for the parties, we are of the opinion

that the State has satisfactorily explained the delay in filing the

present appeal. Hence, the application under Section 5 of the

Limitation Act is allowed and the delay of 111 days in filing the

present appeal is condoned.

List on 12.09.2022 as prayed.

(UMA SHANKER VYAS),J (VIJAY BISHNOI),J 15-Surbhii/-

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