Tulsi Ram Meena vs Union Of India And Ors ...
2024 Latest Caselaw 7852 Raj

Rajasthan High Court - Jodhpur

Tulsi Ram Meena vs Union Of India And Ors ... on 9 September, 2024

Author: Kuldeep Mathur

Bench: Kuldeep Mathur

[2024:RJ-JD:37376-DB]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                D.B. Civil Writ Petition No. 3389/2002

Tulsi Ram Meena S/o Shri Kalyan Meena, aged about 47 years,
R/o T-42-A, Railway Colony, Civil Lines, Bikaner.
                                                                      ----Petitioner
                                       Versus
1. The Union of India through General Manager, Northern
     Railway, H.Q. Office, Baroda House, New Delhi.
2. The Divisional Railway Manager, Northern Railway, Bikaner.
3. The Senior Divisional Personnel Officer, Northern Railway,
     Bikaner.
                                                                    ----Respondent


For Petitioner(s)            :     None Present
For Respondent(s)            :     None Present



      HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR
            HON'BLE MR. JUSTICE KULDEEP MATHUR

                                        Order

09/09/2024

      O.A. No.12 of 1999 filed by the petitioner was dismissed by

the Tribunal after referring to the decision of the Hon'ble Supreme

Court in "Collector, Land Acquisition, Anantnag vs. Katiji" AIR

1997 SC 1353.

2.    While dismissing O.A. No.12 of 1999, the Tribunal observed

as under:
        ".........................................................................................................
        .........................................................................................................

8. On the other hand, the counsel for the applicants asserted that his representation has been decided on merit and has not be rejected on the ground of delay. The cause of action arises to the applicants from the date Annexure A-1 has been passed and their Original Application is within the limitation. He has also taken support of the judgment of Hon'ble the Supreme Court in Collector, Land acquisition, Anantnag vs. Katiki (AIR 1997 SC 1353). In this case, the Hon'ble Supreme Court has

[2024:RJ-JD:37376-DB] (2 of 2) [CW-3389/2002]

laid down that justice oriented approach should be adopted and the matter mainly deals with the condonation of delay. In the present case there is no application for condonation of delay and there is no prayer to this effect and question of explaining and giving good and sufficient reason to the delay does not arises, so the ratio of the said case has no application to the controversy involved in the present case. Thus, the Original Application deserves to be dismissed on the ground of delay and latched and the ratio of the judgement of Hon'ble the Supreme Court in SS Rahore (Supra) case fully applies to this case inasmuch as there was no statutory representation provided under the rules and there was delay of about thirteen long years."

3. However, no one appears for the petitioner.

4. This writ petition was admitted by an order dated 23 rd

January 2003.

5. D.B. Civil Writ Petition No. 3389/2002 is dismissed for non-

prosecution.

(KULDEEP MATHUR),J (SHREE CHANDRASHEKHAR),J 271-KshamaD/-

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