Rajasthan High Court
J D A And Anr vs Smt Yogita Goyal on 6 February, 2023
Bench: Ashok Kumar Gaur, Ashutosh Kumar
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Special Appeal Writ No. 790/2018
J D A And Anr.
----Appellants
Versus
Smt Yogita Goyal
----Respondent
For Appellant(s) : Mr. Yuvraj Samant
For Respondent(s) : Mr. N.K. Maloo, Senior Advocate
assisted by Mr. Ajit Maloo
HON'BLE MR. JUSTICE ASHOK KUMAR GAUR
HON'BLE MR. JUSTICE ASHUTOSH KUMAR
Order
06/02/2023
The matter comes up for considering the Misc. Application
(No.612/2018) filed by the appellant-JDA for condoning the delay
in filing the present special appeal.
Learned counsel for the appellants submitted that the
application filed by the appellants narrates the facts relating to
time being consumed in filing the present special appeal before
this Court.
Learned counsel for the appellants further submitted that an
additional affidavit has been filed in the misc. application, where
details have been furnished as why, the present appeal could not
be presented within the time prescribed for filing such appeal.
Counsel for the appellants submitted that the order
impugned in the present special appeal was passed by the learned
Single Judge on 15.09.2017.
(2 of 6) [SAW-790/2018]
Counsel submitted that after passing of the order, the file
was processed at different level and finally a decision was taken to
engage counsel, to file the present special appeal.
Counsel for the appellants Mr. Yuvraj Samant has drawn our
attention to the note-sheet of appellants dated 23.02.2018,
whereby administrative decision was taken to file special appeal
before the Division Bench. Counsel also refers to a letter dated
27.02.2018, whereby an Additional Advocate General was asked
to file special appeal before the Division Bench.
Counsel for the appellants further submitted that looking to
the controversy involved in the present matter, it has become
necessary to have adjudication from this Court, as the
respondent-original writ petitioner was not entitled for allotment of
land/issuance of Patta on account of the change of map at Zonal
Level Committee.
Counsel for the appellants further submitted that the delay,
which has been caused in filing the appeal was not intentional and
as such, this Court has been requested to condone the delay and
request is made to hear the matter on merits.
Learned counsel for the appellants has placed reliance on
judgments passed by Supreme Court in the cases of State (NCT
of Delhi) Vs. Ahmed Jaan, (2008) 14 SCC 582, State of
Haryana Vs. Chandra Mani, AIR 1996 SC 1623 and Indian
Oil Corporation Ltd & Ors. Vs. Subrata Borah Chowlek &
Ors, (2010) 14 SCC 419.
Per contra, Mr. N.K. Maloo, learned Senior Counsel submitted
that a misc. application filed by the appellants with the special
appeal is without any reasons for condoning the delay.
(3 of 6) [SAW-790/2018]
Counsel submits that no details have been furnished as why,
the time was taken by the authorities to file the special appeal
within prescribed time and only on the basis of vague pleadings in
the application, this Court may not entertain the application filed
by the appellants.
Mr. Maloo, learned Senior Counsel submitted that in the
instant case, the order was passed by the learned Single Judge on
15.09.2017 and the appellants applied for getting certified copy on
10.01.2018 and it was delivered on the same day.
Counsel submitted that no explanation has been given as
why, even copy for getting certified order was not applied by the
appellant earlier and this inordinate delay even in applying for the
copy of the certified order, shows gross delay being caused by the
respondent in not taking a timely decision to approach the Court.
Learned counsel for the respondent further submitted that
assuming though not admitting that the decision was taken at
various levels by the appellant-JDA authorities, however, the
engagement of lawyer by the appellants in a month of March,
2018 and, thereafter, filing appeal on 02.06.2018 shows that the
authorities did not take appropriate action in filing the appeal
within the stipulated time.
Counsel further submitted that the State/JDA is an ordinary
litigant like any other litigant and no such provision has been
provided in the Limitation Act for condoning such inordinate delay.
Counsel for the petitioner-respondent further submitted that
the respondents-appellants have deliberately not followed the
order which was passed in favour of the original-writ petitioner
and instead of giving proper allotment of plots in her favour, the
(4 of 6) [SAW-790/2018]
appellants have not allowed the respondent to make use of her
land.
Counsel for the respondent also places reliance on a
judgment passed by the Supreme Court in the case of
Postmaster General & Ors. Vs. Living Media India Limited &
Anr., reported in (2012) 3 SCC 563, The State of Rajasthan
& Ors. Vs. Hawji Meena, reported in 2015 SCC Online Raj
4871, Rajasthan Housing Board Vs. Dinesh Kumar Agarwal
(D.B. Special Appeal Writ No.627/2020) and The Secretary
Gramin Vikas & Panchayat Raj Deptt. & Ors. Vs. Kedan Lal
Sen (D.B. Civil Special Appeal (Writ) No.869/2018.
Counsel, on the strength of these judgments, submitted that
if the appeal is filed beyond the prescribed time and no sufficient
cause is shown then the indulgence, which is required to be given
by condoning the delay, may not be granted in such cases.
Counsel submitted that the Apex Court has deprecated the
practice of filing the appeal belatedly by the Government and its
authorities and since the Officers who are responsible for taking
decisions to file appeal do not act promptly, no indulgence may be
shown by the Court in entertaining such appeals, which are filed
beyond the time prescribed.
Mr. Maloo, learned Senior Counsel further submitted that if
this Court considers the merits of the matter and the directions
given by the learned Single Judge, the interference by the Division
Bench is not required at all and the order of the learned Single
Judge is required to be implemented by the appellants-JDA
authority.
(5 of 6) [SAW-790/2018]
We have heard learned counsel for the parties and also gone
through the additional affidavit which has been filed by the
appellants.
This Court finds that though the order was passed by the
learned Single Judge on 15.09.2017, however, the authorities
after getting copy of the order, examined the same and came to a
conclusion for filing the present special appeal.
This Court also finds that the authorities had also put efforts
to engage Additional Advocate General and accordingly after
engagement of Additional Advocate General, the appellants have
preferred this appeal.
There is no dispute on the proposition of the law that the
State or its authorities are ordinary litigants and there is no such
provision, provided in the Limitation Act to condone the delay, if
such appeals are filed beyond the time prescribed. However, this
Court finds that if the issue involved in the case requires
consideration on merits and there is some reasonable delay in
filing special appeal, the Court can always examine the
correctness of the order passed by the Single Bench and the delay
can also be condoned.
This Court finds that the appellants have furnished
reasonable explanation for filing the present special appeal beyond
the statutory period and this Court in order to resolve the
controversy in a proper manner, also require to adjudicate the
matter on merits.
This Court accordingly, considering all above facts, allows the
misc. application filed by the appellants and the delay caused in
(6 of 6) [SAW-790/2018]
filing this special appeal is condoned. The appeal may be heard on
merit.
This Court finds substance in the submission of learned
counsel for the respondent, that this matter requires urgent
adjudication as respondent has been deprived to make use of her
property/plots.
This Court also while allowing the application of the
appellants of condoning the delay, directs the counsel appearing
for the appellants Mr. Yuvraj Samant to seek instructions in the
matter and inform this Court as in what manner the rights of the
respondent is being taken care of by them and what is the correct
position in respect of title of the disputed property.
List this appeal for final disposal, at order stage on
15.03.2023.
(ASHUTOSH KUMAR),J (ASHOK KUMAR GAUR),J
RAJAT/12
Powered by TCPDF (www.tcpdf.org)
