State Of Rajasthan vs Praveen Singh Rao
2023 Latest Caselaw 192 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Spl. Appl. Writ No. 513/2020

1. State Of Rajasthan, Through The Principal Secretary, Rural Development And Panchayati Raj Department, Government Of Rajasthan, Jaipur, Rajasthan.

2. The Joint Secretary-Cum-Commissioner, Rural Development And Panchayati Raj Department, Government Of Rajasthan, Jaipur.

3. The District Collector-Cum-Programme Coordinator, Employment Guarantee Scheme, Dungarpur.

----Appellants Versus Praveen Singh Rao S/o Shri Tikkam Singh Rao, Aged About 42 Years, Sagwadiya, Tehsil Gadi, District Banswara, Rajasthan.

                                                                   ----Respondent


For Appellant(s)           :     Mr. Sunil Beniwal, AAG
                                 assisted with Mr. Pranjul Mehta
For Respondent(s)          :



              HON'BLE MR. JUSTICE VIJAY BISHNOI
          HON'BLE MR. JUSTICE MADAN GOPAL VYAS

                                     Order

06/01/2023

The Registry has pointed out as many as seven defects.

Except the defect of delay in filing the appeal, all other defects are

inconsequential, hence the same are waived.

The present appeal filed by the appellant-State is barred by

965 days and an application under Section 5 of the Limitation Act

seeking condonation of delay has been filed.

Mr. Sunil Beniwal, learned Additional Advocate General, has

submitted that the delay in filing the appeal is not intentional.

(2 of 3) [SAW-513/2020]

Having heard learned counsel for the appellant and after

going through the averments made in the application, we deem it

appropriate to condone the delay in filing the appeal.

Hence, application under Section 5 of the Limitation Act for

condonation of delay is allowed and the delay of 965 days in filing

the present appeal is condoned.

It is noticed that learned Single Judge has disposed of S.B.

Civil Writ Petition No.2206/2019 in terms of decision passed by

learned Single Judge in S.B. Civil Writ Petition No.4954/2018(Parin

Rawal Vs. State of Rajasthan & Ors.) on 14.11.2018. It is

informed that against the judgment dated 14.11.2018, D.B.

Special Appeal (Writ) No.1422/2019 was preferred, however, a

Coordinate Bench of this Court dismissed the said special appeal

vide order dated 26.11.2019.

Mr. Sunil Beniwal, learned AAG, has informed this Court that

against the order dated 26.11.2019, passed by the Division

Bench, a special leave petition is preferred before the Apex Court

and the Apex Court was pleased to tag the same with another

special leave petition bearing registration No.30747/2019. It is

also informed that in special leave petition No.30747/2019

(Stateof Rajasthan and Ors. Vs. Dinesh Kumar Choudhary & Ors.),

the Apex Court has granted stay order in favor of the State.

Be that as it may, when the judgment passed in the case of

Parin Rawal (supra) has already been affirmed by the Division

Bench of this Court vide judgment dated 26.11.2019 passed in

D.B. Special Appeal (Writ) No.1422/2019, we are not inclined to

interfere in this appeal.

(3 of 3) [SAW-513/2020]

Hence, the instant appeal is also disposed of in terms of

order dated 26.11.2019, passed by the Division Bench of this

Court in D.B. Special Appeal (Writ) No.1422/2019.

(MADAN GOPAL VYAS),J (VIJAY BISHNOI),J 92-Arun/-

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