This special appeal challenged the Single Judge's dismissal of a writ petition filed with significant delay (six years). The bench held that the earlier decision was correct as the writ was hit by delay and laches, and dismissed the appeal.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
D.B. Special Appeal Writ No. 33/2019
Ram Karan S/o Kana Jat, Aged About 71 Years, R/o Village Jhirana, Tehsil Piplu, District Tonk Rajasthan.
----Appellant
Versus
----Respondents
For Appellant(s) : Mr. Shiv Shanker Choudhary, Advocate
For Respondent(s) : Mr. Prateek Singh on behalf of Ms. Sheetal Mirdha, Advocate
HON'BLE MRS. JUSTICE SABINA HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA
Order
02/12/2019
Appellant has filed this appeal challenging the order dated 14.05.2018 passed by the learned Single Judge, whereby writ petition filed by the petitioner challenging the order dated 30.08.2010 passed by the District Collector Tonk, was dismissed.
We have heard learned counsel for the parties and have gone through the record available on the file carefully.
Petitioner had filed writ petition challenging the order dated 30.08.2010 passed by the District Collector, Tonk whereby the revision petition filed by the Development Officer, Panchayat
(2 of 2)
[SAW-33/2019]
Samiti, Tonk was allowed and Patta issued by the Gram Panchayat in favour of the petitioner was cancelled.
Learned Single Judge while dismissing the writ petition filed by the appellant has noticed that the appellant was duly represented by his counsel before the District Collector, Tonk and the impugned order was passed on 30.08.2010, whereas, the writ petition had been filed in the year 2016, i.e., after about 6 years of passing of the impugned order.
In the facts and circumstances of the present case, the learned Single Judge has rightly held that the writ petition was hit by delay and laches.
No ground for interference is made out.
Dismissed.
(NARENDRA SINGH DHADDHA),J
Gourav/Jatin /02
1 issue framed by the court
Whether the High Court should interfere when the impugned order dismissal of a writ petition was based on delay and laches held by the Single Judge.
Ram Karan S/o Kana Jat
State Of Rajasthan
Gram Panchayat Jhirana
Development Officer Panchayat Samiti Tonk
Sabina
Narendra Singh Dhaddha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
