Dismissed

State of Raj. v. Laxman Das and Ors.

Rajasthan HC11 Aug 2017WRES/121/2017

Case brief

AI extract

What is this about?

The High Court of Rajasthan dismissed a writ restoration application filed by the State of Rajasthan seeking restoration of a dismissed writ petition. The Court held that the unexplained delay of over three years and in obtaining certified copies rendered the application liable to dismissal.

What did the court decide?

The writ restoration application is dismissed due to unexplained delay.

State of Raj. Vs Laxman Das and Ors. — Civil Procedure and Limitation | Rajasthan HC (2017)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Writ Restoration No. 121 / 2017

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The State of Rajasthan Through the Sub-Registrar Bikaner, District Bikaner.

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----Petitioner

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Versus

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Laxman Das S/o Shri Mangi Lal Khatri

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Jatan Lal S/o Shri Mangi Lal Khatri, Both R/o Behind Jawahar School, Bhinasar, Tehsil & District Bikaner (Raj.)

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The Collector (Stamps), Bikaner.

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The Rajasthan Tax Board, Ajmer.

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Akuda Ram S/o Shri Panna Ram Mali, R/o Kismidesar, Tehsil & District Bikaner.

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----Respondents

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For Petitioner(s) : Mr. N.S. Rajpurohit, AGC

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HON'BLE MR. JUSTICE VIJAY BISHNOI

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Judgment / Order

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11/08/2017

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This writ restoration application has been filed on behalf of the petitioner-State with a prayer for restoring S.B. Civil Writ Petition No.5556/2011 to its original number.

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It is noticed that the above mentioned writ petition was dismissed on 19.02.2014 pursuant to the peremptory order dated 06.01.2014, however, this writ restoration application has been filed before this Court on 10.04.2017. It appears that there is a delay of more than three years in filing of this writ restoration application, however, no explanation has been offered by the petitioner in respect of the said delay.

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It is also noticed that for obtaining the certified copies of

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(2 of 2)

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[WRES-121/2017]

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order-sheets of this Court, whereby the aforesaid writ petition was dismissed, for the first time the application was moved by the petitioner-State on 15.12.2016. The relevant certified copies of the order-sheets were received on 21.12.2016 and thereafter this writ restoration application has been filed, which is also after a delay of more than three and a half months.

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Looking to the above facts and circumstances of the case, this Court is of the opinion that the delay in filing this writ restoration application is not explained satisfactorily by the petitioner-State.

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Hence, this writ restoration application is dismissed.

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(VIJAY BISHNOI)J.

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Abhishek Kumar S.No.27

State of Raj. v. Laxman Das and Ors.

Case brief

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State of Raj. v. Laxman Das and Ors.

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