The Post Master vs The Deputy Commissioner
2022 Latest Caselaw 6892 Raj/2

                                           HIGH COURT OF JUDICATURE FOR RAJASTHAN
                                                       BENCH AT JAIPUR

                                                   D.B. Civil Writ Petition No. 6302/2020

                                   The Post Master
                                                                                                            ----Petitioner
                                                                          Versus
                                   The Deputy Commissioner
                                                                                                          ----Respondent

For Petitioner(s) : Mr. Javed Khan, Mr. Jaideep Malik & Mr. Palash Gupta

HON'BLE THE CHIEF JUSTICE MR. PANKAJ MITHAL HON'BLE MR. JUSTICE SAMEER JAIN Order 31/10/2022

The order in original dated 23.01.2017 (Annexure-1 to the

writ petition) is under challenge.

The appeal against the aforesaid order has been dismissed

on the ground of limitation.

Learned counsel for the petitioner submits that he is not

challenging the appellate order as the delay in filing the appeal is

not liable to be condoned and since the appellate order is not on

merits the order-in-original has not merged in it. In view of the

above, since the order dated 23.01.2017 is patently illegal its

judicial review under Article 226 of the Constitution of India is not

barred. In support, he has relied upon a Full Bench judgment of

the Gujarat High Court in Panoli Intermediate (India) Pvt. Ltd.

Vs. Union of India & Ors, AIR 2015 Guj. 97.

Issue notice to the respondent, returnable within six weeks.

List for admission/final disposal immediately thereafter.

                                   (SAMEER JAIN),J                                                     (PANKAJ MITHAL),CJ

                                   KAMLESH KUMAR/RAJAT/1







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