The State Of Rajasthan vs Lalit Kumar Dave
2022 Latest Caselaw 12471 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Writ Restoration No. 2/2021

1. The State Of Rajasthan, Through The Secretary, Department Of Education, Government Of Rajasthan, Jaipur, Rajasthan.

2. The Director, Elementary Education, Bikaner, Rajasthan.

3. District Education Officer, Jalore, Rajasthan.

4. The Block Elementary Education Officer, Jalore.

----Petitioners Versus Lalit Kumar Dave S/o Shri Shanti Lal, Aged About 40 Years, R/o Suraj Pole Poora Mohalla, Barhampuri, Bichlawas, Jalore.

                                                                   ----Respondent


For Petitioner(s)           :     Mr. Pankaj Sharma, AAG with
                                  Mr. Rishi Soni
For Respondent(s)           :     Mr. D. S. Sodha



              HON'BLE MR. JUSTICE VIJAY BISHNOI
               HON'BLE MR. JUSTICE FARJAND ALI

                                       Order

18/10/2022

The matter comes up for consideration of the restoration

application, whereby the appellant - State is seeking restoration

of DB Special Appeal Writ No.1667/2018, which was dismissed by

this Court on 29.1.2019 for non-prosecution. The office has

pointed out that the restoration application is filed with a delay of

565 days.

Learned counsel for the respondent has submitted that the

DB Special Appeal Writ No.1667/2018 was preferred by the State

against the judgment dated 04.12.2017 passed by the learned

Single Judge in SB Civil Writ Petition Nos.6908/2017, 6909/2017

(2 of 2) [WRES-2/2021]

and 6910/2017. It is also submitted that the State has preferred

three separate appeals against the judgment dated 04.12.2017. It

is further submitted that against the judgment passed in SB Civil

Writ Petition Nos.6909/2017 and 6910/2017, the Special Appeal

Nos.939/2018 and 904/2018 were preferred by the State

Government, however, the Division Benches of this Court vide

order dated 06.08.2018 passed in DB Special Appeal Writ

No.939/2018 and vide order dated 17.09.2018 passed in DB

Special Appeal Writ No.904/2018 have dismissed those appeals.

Learned counsel for the respondent has further submitted that

since the identical special appeals have already been dismissed by

the Co-ordinate Benches of this Court, nothing survives in the

restoration application as well as in the DB Special Appeal Writ

No.1667/2018.

Learned counsel appearing for the State is not in a position

to dispute the fact that the identical DB Special Appeal Writs have

already been dismissed by the Co-ordinate Benches of this Court.

In view of the above fact that the identical DB Special Appeal

Writs have already been dismissed by the Co-ordinate Benches of

this Court, no useful purpose will be served in restoring the DB

Special Appeal Writ No.1667/2018, which was dismissed on

29.01.2019 for non-prosecution.

Hence, the restoration application is dismissed.

                                   (FARJAND ALI),J                                          (VIJAY BISHNOI),J


                                    54-AjaySingh/-









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