No 3166030 Ex- Rect Kana Ram Jani vs Union Of India (2024:Rj-Jd:9681-Db)
2024 Latest Caselaw 1884 Raj

Rajasthan High Court - Jodhpur

No 3166030 Ex- Rect Kana Ram Jani vs Union Of India (2024:Rj-Jd:9681-Db) on 26 February, 2024

Author: Pushpendra Singh Bhati

Bench: Pushpendra Singh Bhati

[2024:RJ-JD:9681-DB]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                D.B. Civil Writ Petition No. 15807/2023

No 3166030 Ex- Rect Kana Ram Jani S/o Late Sh. Harlal Ram,
Aged About 66 Years, By Caste Vishnoi, Resident Of Village And
Post Dabari, Tehsil - Osian, Distt - Jodhpur (Raj.) - 342303.
                                                                      ----Petitioner
                                      Versus
1.       Union Of India, Through Secretary Ministry Of Defence,
         New Delhi - 110010.
2.       The Chief Of The Army Staff, Army Headquarters Dhq Po,
         New Delhi - 110011.
3.       Principal     Controller,        Defence          Accounts       (Pension).
         Draupadhi Ghat, Prayagraj (Up) - 211014.
4.       Records The Jat Regiment, Pin- 900496 C/o 56 Apo.
                                                                   ----Respondents


For Petitioner(s)           :     Mr. D. S. Dhaka
For Respondent(s)           :     Mr. Mukesh Rajpurohit, DySG



     HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

HON'BLE MR. JUSTICE MUNNURI LAXMAN

Order

26/02/2024

1. The matter comes up for consideration of the application

No.01/23 preferred on behalf of the petitioner for overruling the

defect as pointed out by the Registry.

2. For the reasons mentioned in the aforesaid application for

overruling the defect, the same is allowed.

3. Learned Dy.S.G. has shown the judgment of Division Bench

of this Court rendered in the case of Shiv Lal Meghwal vs.

Union of India & Ors. (D.B. Civil Writ Petition

No.3823/2023) decided on 31.05.2023, whereby delay of 32

[2024:RJ-JD:9681-DB] (2 of 2) [CW-15807/2023]

years was made a ground for dismissing claim of the petitioner.

The aforesaid judgment passed by the Hon'ble Division Bench of

this Court has been upheld by the Hon'ble Supreme Court vide

order dated 21.08.2023 rendered in the case of Shiv Lal

Meghwal vs. Union of India & Ors. (S.L.P. No.17487/2023).

4. Admittedly, delay in the present case is of 44 years and

8 months.

5. Learned counsel for the petitioner tried to persuade this

Court on merits, but without interfering on the dictum as laid

down in Shiv Lal Meghwal's case (supra), the present writ

petition is dismissed on the ground of delay only which is of

44 years and 8 months in the instant case.

(MUNNURI LAXMAN), J. (DR. PUSHPENDRA SINGH BHATI), J.

12-AjaySingh/Sachin/-

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