The Court allowed the writ petition quashing the impugned order. It held that a delay of four years was not fatal to maintainability, relying on a coordinate bench judgment that allowed identical petitions filed after a similar delay.
The impugned order dated 27.5.2015 was quashed and set aside. The stay application was also disposed of.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Civil Writ Petition No. 9192/2019
Badri Ram S/o Shri Amba Lal, Aged About 52 Years, R/o Gram Panchayat Lordi Panditji Tehsil- Jodhpur, District- Jodhpur (Raj.).
----Petitioner
Versus
For Petitioner(s) : Mr. Pawan Singh Rathore For Respondent(s) : Mr. GS Chouhan for Mr. KK Bissa
JUSTICE DINESH MEHTA
Judgment
05/07/2019
In response to the concern regarding limitation showed by this Court on 4.7.2019, learned counsel for the petitioner placed for perusal of this Court an order dated 17.1.2019 (SBCWP No.841/2019-Padma Ram Vs. State of Raj.& Ors.) passed by a coordinate Bench of this Court, whereby 10 identical writ petitions arising from the very revisional order dated 27.5.2015 have been allowed.
While taking support of the said judgment dated 17.1.2019, learned counsel for the petitioner submits that those 10 writ petitions also had been filed after a period of about 4 years, yet they have been allowed by this Court on 20.11.2018, while
(2 of 2)
[CW-9192/2019]
ignoring the delay and following the judgment of Naina Ram Vs. State of Rajasthan & Ors. (SBCWP No.13015/2017).
This being the position, the delay of four years in filing the writ petition is not treated to be fatal to the maintainability of present writ petition with a view to give similar treatment to the petitioner.
Learned counsel for the parties are in agreement that the issue involved in the present writ petition is squarely covered by a decision dated 17.1.2019 passed by this Court in a bunch of writ petitions led by SBCWP No.841/2019: Padma Ram Vs. State of Rajasthan & Ors.
The present writ petition is thus allowed and the impugned order dated 27.5.2015 is quashed and set aside, following the judgment aforesaid.
The stay application No.9065/2019 also stands disposed of accordingly.
(DINESH MEHTA),J
175-CPGoyal/-
2 issues framed by the court
Whether a delay of four years in filing the writ petition is fatal to its maintainability in light of a coordinate bench decision allowing similar petitions.
Whether the issue involves are squarely covered by a decision of this Court passed on 17.1.2019.
Colour shows how this judgement treated each authority
Padma Ram Vs. State of RajasthanFollowed¶14
SBCWP No.841/2019-Padma Ram Vs. State of Raj.& Ors.
Naina Ram Vs. State of RajasthanFollowed¶18
Naina Ram Vs. State of Rajasthan & Ors. (SBCWP No.13015/2017)
Badri Ram
State Of Rajasthan
Block Development Officer
Gram Panchayat Lordi Pandit Ji
Dinesh Mehta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
