Rajasthan High Court
Kailash Sahai Son Of Late Shri ... vs Commissioner ... on 7 October, 2023
Bench: Ganesh Ram Meena
[2023:RJ-JP:27603]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 4064/2000
Kailash Sahai S/o Late Shri Ramjilal Mahajan, aged about
55 yers, R/o Old Bus Stand, Todabhim Distt. Karouli
(Rajasthan) deceased represented by:
1/1 Smt. Santra Devi W/o Late Sh. Kailash Sahai, Aged About
70 Years, R/o Ward No. 6, Foota Mahadev, Todabhim,
Distt. Karouli (Raj.) (Widow)
1/2. Sh. Ramavtar Gupta S/o Late Sh. Kailash Sahai, Aged
About 44 Years, R/o Ward No. 6, Foota Mahadev,
Todabhim, Distt. Karouli (Raj.) (Son)
Sh. Pankaj Kumar Gupta S/o Late Sh. Kailash Sahai, Aged
1/3 About 42 Years, R/o Ward No. 6, Foota Mahadev,
Todabhim, Distt. Karouli (Raj.) (Son)
Smt. Asha Bansal W/o Sh. Satish Bansal, Aged About 50
Years, R/o 8C-13, Pratap Nagar, Barkat Nagar, Tonk
1/4 Phatak, Jaipur (Raj.) (Daughter)
1/5. Smt. Anita Garg W/o Sh. Murari Lal Garg, Aged About 48
Years, R/o Near Shiv Mandir, Jaluki Road, Laxmangarh,
Distt. Alwar (Raj.) (Daughter)
1/6. Smt. Reena Singhal W/o Sh. Pradeep Kumar Singhal,
Aged About 41 Years, R/o Care Of Gopalji Gangapuria,
Mandawri, Tehsil Lalsot, Distt. Dausa (Daughter)
----Petitioners
Versus
1. Commissioner, Devsthan Department, Govt. of Rajasthan
Udaipur.
2. Assistant Commissioner, Devsthan Department, Govt. Of
Rajasthan, Bharatpur.
3. Smt. Madhu Lata Mittal Wife Of Late Devi Sahai, Resident
Of Foota Mahadev Para, Todabhim Distt. Karouli
(Rajasthan).
----Respondents
For Petitioner(s) : Mr. L.L. Gupta
Mr. Vikram Jonwal
For Respondent(s) : Mr. Shailesh Sharma, Addl.G.C.
Mr. Krishan Kumar Khandelwal,
Assistant Commissioner, Devsthan
Department, Bharatpur
Ms. Meeta Pareek
[2023:RJ-JP:27603] (2 of 4) [CW-4064/2000]
HON'BLE MR. JUSTICE GANESH RAM MEENA
Judgment / Order
07/10/2023
1. The present writ petition has been filed by the petitioner
against the order dated 21.07.2000, passed by the Commissioner,
Devsthan Department, Rajasthan Udaipur Camp, Jaipur, whereby
the appeal of the appellant-petitioner filed against the order dated
17.11.1997 passed by the Assistant Commissioner, Devsthan
Department, Bharatpur, was dismissed being time barred.
2. Counsel for the petitioner submits that the appellant-
petitioner preferred an appeal against the order dated
17.11.1997, passed by the Assistant Commissioner, Devsthan
Department, Bharatpur, before the Commissioner, Devsthan
Department on 31.07.1999. Since the limitation for filing an
appeal is two months from the date of publication on the notice
board, the appellant-petitioner filed an application under Section 5
of the Limitation Act for condonation of delay, explaining the
sufficient cause for filing an appeal by delay. Counsel further
submits that the Commissioner Devsthan Department, Udaipur
without appreciating the relevant provision and the facts stated in
the application for condonation of delay, has dismissed the appeal
stating it to be barred by limitation and therefore impugned order
deserved to be quashed and set aside.
3. Counsel for the respondents submits that under Section 20
of the Rajasthan Public Trust Act, 1959 (in short 'Act of 1959), the
limitation period prescribed for filing an appeal is two months and
the appellant-petitioner filed an appeal after a delay of around one
[2023:RJ-JP:27603] (3 of 4) [CW-4064/2000]
and a half year without explaining sufficient reason for delay in the
application for condonation of delay.
4. The Basic ground agitated by the petitioner is that the
limitation period for filing of appeal is to be counted from the date
of publication order appealed against on the notice board, as
required under Section 20 of the Act of1959.
5. So as to ascertain whether the publication of order appealed
against was made or not and if publication made than on what
date, the original record of the matter was summoned from the
respondents.
6. Mr. Krishan Kumar Khandelwal, Assistant commissioner,
Devsthan Department, Bharatpur is personally present before this
Court alongwith the original record.
7. The Assistant commissioner, Devsthan Department,
Bharatpur has failed to show from the record, the date of
publication order appealed against on the notice board of the
office of Assistant Commissioner.
8. Since the limitation period of two months is provided under
Section 20 of the Act of 1959 is to be counted from the date of
publication of order on the notice board of the assistant
Commissioner and the respondent has failed to give out the date
of Publication of the order, this Court is of the opinion that
dismissing the appeal on the ground of delay is neither justified
nor sustainable and petitioner can not be left unheard on merits of
case.
9. Therefore, the present writ petition is allowed and the order
dated 21.07.2000 is set aside and delay in filing appeal
[2023:RJ-JP:27603] (4 of 4) [CW-4064/2000]
No.21/1999 before the Commissioner, Devsthan Department,
Rajasthan Udaipur Camp, Jaipur is condoned and the concerned
Commissioner Devsthan Department is directed to decide the
appeal on merits.
10. This Court in view of the fact that appeal is of year 1999
would like to observe that the aforesaid appeal be decided by the
Commissioner Devsthan Department within two months from the
date of production of certified copy of this Order.
(GANESH RAM MEENA),J
ARTI SHARMA /258
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