Rajaram And Ors vs State Of Raj And Ors
2022 Latest Caselaw 1146 Raj/2

           HIGH COURT OF JUDICATURE FOR RAJASTHAN
                       BENCH AT JAIPUR

                    S.B. Civil Writ Petition No. 3467/2018

1.        Rajaram     S/o   Sh.   Baluram,        aged     about   35   years,   R/o
          Todaraisingh, Distt. Tonk Raj.

2.        Khemraj Abhishek S/o Sh. Baluram, R/o Todaraisingh, Distt.
          Tonk Raj.

3.        Mukesh S/o Sh. Baluram, R/o Todaraisingh, Distt. Tonk Raj.

4.        Ladoo W/o Late Sh. Baluram, R/o Todaraisingh, Distt. Tonk
          Raj.

                                                                    ----Petitioners

                                       Versus

1.        State of Rajasthan through District Collector, Tonk Raj.

2.        Tehsildar, Tehsil Todaraisingh, Distt. Tonk Raj.

3.        (i) Nagar Palika Todaraisingh, Through President, Nagar
          Palika Todaraisingh, Distt. Tonk Raj.
 (ii)     Executive Officer, Nagar Palike Todaraisingh,
                                                     ----Defendants/Respondents

4. Om Prakash S/o Sh. Bajranglal Mahajan

5. Dhannalal S/o Sh. Bhojaram Gurjar

6. Baluram S/o Ghasi Abate 29.05.2017 (died)

7. Jagdish S/o Sh. Kistoor Chand, All R/o Todaraisingh, Distt.

Tonk Raj.

8. Chhotu Singh S/o Sh. Padam Singh, R/o Kareda At Present Reside At Todaraisingh, Distt. Tonk Raj.

----Plaintiffe/ Proforma Respondents

For Petitioner(s) : Mr. Praveen Kumar Jain through VC For Respondent(s) : Mr. Akshay Sharma, AGC through VC

HON'BLE MR. JUSTICE SAMEER JAIN

Judgment / Order

31/01/2022

1. Learned counsel for the petitioners submits that an appeal was

filed wherein five co-appellants were there. Out of five appellants, one

(2 of 2) [CW-3467/2018]

of the appellant has died and belated application for bringing legal

representatives on record has been filed after a period of two and a half

years. Learned Court below rejected the said substitution application on

account of delay and latches. The matter is still sub judice pertaining to

four co-appellants and the controversy is also same.

2. In the interest of justice and in all fairness, learned counsel for

the respondent representing the State submitted that though the facts

and submissions made by the petitioners are correct but the application

was filed after a long lapse of two and a half years.

3. Keeping in view that a narrow controversy is involved in the

matter and that the proceedings of lower Appellate Court are stayed

since 17.02.2018, with consent of both the sides, we have taken the

matter for final disposal.

4. In the facts of the case, we deem it appropriate to allow the

substitution application of legal representatives of the deceased-

appellant and condone the delay in filing the said application at the cost

of Rs.5,000/- which will be deposited before the District Legal Services

Authority, Tonk within a period of one month.

5. In light of the above observation, the writ petition is allowed and

the learned Court below is directed to take the legal representatives of

the deceased-appellant on record.

6. All pending applications stand disposed of.

(SAMEER JAIN),J

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