State Of Rajasthan vs Ramesh Goswami S/O Shri Sanjay ...
2022 Latest Caselaw 353 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

             D.B. Special Appeal Writ No. 970/2021

1.     State Of Rajasthan, Through Principal Secretary To The
       Government, Department Of Home, Govt. Of Rajasthan,
       Jaipur.
2.     Director General Of Police Rajasthan, Jaipur.
3.     Commandant         Maharana          Pratap       Battalion   Rac   (Ir),
       Pratapgarh Cum Superintendent Of Police, Pratapgarh.
                                                                 ----Appellants
                                   Versus
Ramesh Goswami S/o Shri Sanjay Goswami, Aged About 27
Years, R/o Dudwa, Ps Dantaramgarh District Sikar.
                                                                ----Respondent

For Appellant(s) : Mr. Rajesh Maharishi, AAG through VC For Respondent(s) : Mr. Prem Chand Dewanda through VC

HON'BLE THE CHIEF JUSTICE MR. AKIL KURESHI HON'BLE MR. JUSTICE SAMEER JAIN

Judgment

17/01/2022

D.B. Civil Misc. Application No.328/2021:-

Though the Registry has computed delay which is excess of

700 days, we find that the learned Single Judge has passed an ex-

parte order dated 18.10.2019. The Government had immediately

applied for vacating the interim order which application came to

be dismissed only on 15.03.2021. Thereafter this appeal has been

filed. Thus, there is no serious delay in approaching the Division

Bench. The delay is therefore condoned.

The IA stands disposed of.

(2 of 2) [SAW-970/2021]

D.B. Special Appeal Writ No. 970/2021:-

Learned counsel for the respondent original petitioner stated

that pursuant to the interim order passed by the learned Single

Judge, the petitioner has already been appointed on provisional

basis. In that view of the matter, there is no question of vacating

the interim order for which purpose the present appeal has been

filed. It is however clarified that the appointment of the petitioner

would be purely provisional and subject to the outcome of the writ

petition which is still pending. It would be open to the Government to

request the learned Single Judge to take up the petition for early

disposal.

Appeal is disposed of accordingly.

                                    (SAMEER JAIN),J                                                     (AKIL KURESHI),CJ

                                   B.M. Gandhi/Rajat Kumar-42









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