Girdhar Lal Sharma S/O Late Shri ... vs The Principal Secretary ...
2023 Latest Caselaw 6176 Raj/2

Citation : 2023 Latest Caselaw 6176 Raj/2
Judgement Date : 19 October, 2023

Rajasthan High Court

Girdhar Lal Sharma S/O Late Shri ... vs The Principal Secretary ... on 19 October, 2023

Bench: Ganesh Ram Meena

[2023:RJ-JP:30689]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

          S.B. Civil Misc. Review Petition No. 132/2023
                                       IN
              S.B. Civil Writ Petition No.12621/2021
Girdhar Lal Sharma S/o Late Shri Shiv Sahay Sharma, Aged
About 84 Years, R/o House No. 1562, Kot Ka Mohalla, Ward No.
6, Chaksu, Jaipur, Rajasthan.
                                        ----Review-Respondent/Petitioner

Versus

1. The Principal Secretary, Department Of Local Self Government, Secretariat, Jaipur, Rajasthan.

2. The Director, Swayat Shasan Vibhag, Government Of Rajasthan, Civil Lines Phatak, Jaipur, Rajasthan.

3. The Sub Divisional Officer, Chaksu, Jaipur.

4. The Chief Executive Officer, Nagar Palika, Chaksu, Jaipur .Review Respondents/respondents

5. Anil Kumar Sharma S/o Late Shri Satyanarayan Sharma, R/o Mishr Bhawan, Kot Ka Mohalla, Ward No.-6, Chaksu, Dist.- Jaipur, Rajasthan.

6. Satish Kumar Sharma S/o Late Shri Satyanarayan Sharma, R/o Mishr Bhawan, Kot Ka Mohalla, Ward No.-6, Chaksu, Dist.- Jaipur, Rajasthan.

7. Kush Sharma S/o Late Shri Suresh Chandra Sharma, Aged About 34 Years, R/o P-56, Girraj Nagar, Goliyawas, Mansarovar, Jaipur.

8. Love Sharma S/o Late Shri Suresh Chandra Sharma, R/o P-56, Girraj Nagar, Goliyawas, Mansarovar, Jaipur.

9. Sohan Lal Sharma S/o Late Shri Kishan Sharma, Aged About 82 Years, R/o Mishr Bhawan, Kot Ka Mohalla, Ward No.-6, Chaksu, Dist.- Jaipur, Rajasthan.

10. Rajesh Kumar Sharma S/o Late Shri Chauthmal Sharma, Aged About 49 Years, R/o 101/82, Sector 10, Kumbha Marg, Pratap Nagar, Sanganer, Jaipur.

11. Balkishan Sharma S/o Late Shri Chauthmal Sharma, Aged About 46 Years, R/o 101/82, Sector 10, Kumbha Marg, Pratap Nagar, Sanganer, Jaipur.

----Review-petitioners/Respondents

For Petitioner(s) : Mr. Himanshu Ranjan Singh Bhati For Respondent(s) :

HON'BLE MR. JUSTICE GANESH RAM MEENA

Judgment / Order

[2023:RJ-JP:30689] (2 of 3) [WRW-132/2023]

19/10/2023

1. This review petition has been filed by the review-petitioner in

regard to the order dated 29.03.2023 passed by this Court in S.B.

Civil Writ Petition No.12621/2021. The petitioner has also filed the

Application No.291/2023 under Section 5 of the Limitation Act for

condonation of delay of one hundred and fifteen days' in filing the

review petition.

2. Counsel for the petitioner submits that the order in regard to

which the review petition is being filed is an ex-parte order and

that was not in the knowledge of the petitioners and as soon as

they came to know about the order dated 29.03.2023, without

any further delay, have preferred the review petition.

3. Considering the submission made by counsel for the

petitioner and the reasons mentioned in the Application

No.291/2023, this Court is of the view that since the order in

regard to which the review petition is filed is an ex-parte order

and therefore, the delay in filing the review petition cannot be

attributed to the petitioner and thus, the delay in filing the review-

petition is condoned.

4. Accordingly, Application No.291/2023 filed under Section 5 of

the Limitation Act for condonation of delay is allowed and the

delay in filing the review petition is condoned.

5. The present review petition has been filed by the review-

petitioners in regard to order dated 29.03.2023, whereby this

Court in concluding para has observed as under:-

"Considering the facts and circumstances of the case, this Court deems just and proper to direct the respondent- Chief Executive officer, Nagar Palika, Chaksu, Jaipur to pass an appropriate order on the

[2023:RJ-JP:30689] (3 of 3) [WRW-132/2023]

application submitted by the petitioner within a period of two months, in accordance with law."

6. Counsel for the review-petitioners submits that the original

petitioner- Girdhar Lal Sharma has made incorrect statement

before this Court that he is the sole owner of the House No.1562,

Kot Ka Mohalla, Ward No.6, Chaksu, whereas the respondents-

petitioners are also having their share in the said house.

7. Counsel for the review-petitioner after arguing at some

length made a limited prayer that this Court may kindly observe

that while deciding the application for compliance of order of this

Court dated 29.03.2023, the objections of the review-petitioners

may also be considered. The Chief Executive Officer in regard to