Rajasthan High Court - Jodhpur
Chand Prakash Kaswatra vs State Of Rajasthan ... on 28 August, 2023
Bench: Vijay Bishnoi, Yogendra Kumar Purohit
[2023:RJ-JD:27290-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Special Appeal Writ No. 170/2023
Chand Prakash Kaswatra S/o Shri Thakur Das, Aged About 76
Years, By Caste Arora, Resident of 11 Amarsinghpura, Bikaner
(Rajasthan).
----Appellant
Versus
1. The State of Rajasthan, through District Collector,
Hanumangarh (Rajasthan).
2. The Additional District Collector & Secretary, Mandi Vikas
Samiti, Hanumangarh (Rajasthan).
3. The Director, Local Self Bodies Department, Government
of Rajasthan, Jaipur (Rajasthan).
4. The Deputy Director (Regional), Local Self Bodies
Department, Bikaner (Rajasthan).
5. The Municipality Board, Bhadra, District Hanumangarh
(Rajasthan).
----Respondents
For Appellant(s) : Mr. Trilok Joshi
HON'BLE MR. JUSTICE VIJAY BISHNOI
HON'BLE MR. JUSTICE YOGENDRA KUMAR PUROHIT
Judgment
28/08/2023
As per office report, the present special appeal writ has been
filed with a delay of 235 days.
Along with the present special appeal writ, the application
under Section 5 of the Limitation Act has been filed with a prayer
to condone the delay.
The appellant has mentioned in the application under Section
5 of the Limitation Act that he is a senior citizen and normally
[2023:RJ-JD:27290-DB] (2 of 3) [SAW-170/2023]
remains ill and unaware about the legal proceedings of the matter
as well as the limitation. It is further stated that when he
contacted his counsel then he has filed the present special appeal
writ without causing any further delay in the matter.
We have perused the contention of the application under
Section 5 of the Limitation Act.
The appellant has failed to disclosed that when he was in
receipt of the impugned order and on which date he contacted his
counsel.
We are of the opinion that the delay in filing the present
appeal has not satisfactorily been explained by the appellant.
It is also to be noticed that though, on 11.07.2023, this
Court granted three weeks' time to learned counsel for the
appellant to file additional affidavit explaining the delay in filing
the present appeal but no such additional affidavit has been filed.
Learned Single Judge vide order dated 05.01.2022 dismissed
S.B. Civil Writ Petition No.13910/2019 (Chand Prakash Kaswatra
Vs. State of Rajasthan & Ors.) filed on behalf of the appellant on
the ground of inordinate delay of 35 years in approaching the
Court.
Though, learned counsel for the appellant has tried to justify
the delay in filing the writ petition but we are not convinced and
are also of the opinion that learned counsel for the appellant has
failed to explain the cause for which he was not able to approach
this Court within time.
In view of the above, we don't find any case for interference
in this special appeal writ.
[2023:RJ-JD:27290-DB] (3 of 3) [SAW-170/2023]
Hence, this special appeal writ is hereby dismissed on the
ground of delay as well as on merit.
(YOGENDRA KUMAR PUROHIT),J (VIJAY BISHNOI),J
Abhishek Kumar
S.No.155
Powered by TCPDF (www.tcpdf.org)
