Madholal S/O Chatra vs Birdilal S/O Dhokal
2022 Latest Caselaw 1930 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

               S.B. Civil Writ Petition No. 3470/2022

Madholal S/o Chatra, Aged About 60 Years, R/o Village Kemla,
Tehsil Nainwa, District Bundi.
                                                                  ----Petitioner
                                   Versus
Birdilal S/o Dhokal, R/o Village Kemla, Tehsil Nainwa, District
Bundi.
                                                                ----Respondent

For Petitioner(s) : Mr.Sanjay Joshi, Adv.

HON'BLE MR. JUSTICE ASHOK KUMAR GAUR Order 03/03/2022

The instant writ petition has been filed by the petitioner

challenging the order dated 29.06.2016, passed by the Board of

Revenue, whereby the restoration application filed by the

petitioner in the review petition has been dismissed.

Learned counsel for the petitioner submitted that the

petitioner had filed a revision petition before the Board of

Revenue, whereby he had challenged the order dated 21.10.2008,

passed by the SDO, Nainwa and the said revision petition came to

be decided vide order dated 19.09.2014.

Learned counsel submitted that the petitioner preferred a

review petition before the Board of Revenue against the judgment

dated 19.09.2014 and during pendency of the said review petition,

the same came to be dismissed on 26.04.2016 for non appearance

of the counsel for the petitioner.

Learned counsel submitted that the petitioner had filed a

restoration application and it was specifically mentioned in the

(2 of 2) [CW-3470/2022]

application that counsel for the petitioner had wrongly noted the

date in his diary and as such the affidavit of the lawyer concerned

was also been filed along-with the application.

Learned counsel submitted that the Board of Revenue has

dismissed the said Restoration Application vide order dated

29.06.2016 on the ground of negligent behavior of the counsel

appearing for the petitioner.

Learned counsel submitted that the Board of Revenue ought

to have considered the genuine explanation furnished by the

petitioner for restoring the review petition, however, the power of

review has not been exercised in a proper manner.

I have heard the submissions made by learned counsel for

the petitioner and perused the material available on record.

This Court finds that the restoration application filed by the

petitioner has been dismissed vide order dated 29.06.2016 and

the petitioner has filed this writ petition on 24.02.2022.

The challenge to the order passed by the Board of Revenue

in the year 2022 itself makes a ground for dismissing the present

writ petition. There is no limitation prescribed for filing the writ

petition, however, it is to be seen as whether litigant has pursued

the remedy expeditiously in a proper manner.

This Court finds that there has been a delay of more than 5

years and the petitioner has woken up now for filing the petition.

The present writ petition accordingly stands dismissed on the

ground of delay and laches.

(ASHOK KUMAR GAUR),J

Monika/12

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