Dismissed

Gagan Prakash Badetiya Son of Shri Mohan Lal Badetiya v. State of Rajasthan

Rajasthan HC26 Aug 2019SAW/524/2019

Case brief

AI extract

What is this about?

The High Court of Rajasthan dismissed a special appeal filed with a delay of 843 days. The court held that the appellant's reasons, including delayed receipt of RTI information and a contrary judgment from another bench, did not constitute sufficient cause under Section 5 of the Limitation Act.

What did the court decide?

Application for condonation of delay under Section 5 of the Limitation Act dismissed; special appeal dismissed.

Gagan Prakash Badetiya Son of Shri Mohan Lal… — Service and Employment | Rajasthan HC (2019)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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D. B. Special Appeal (Writ) No. 524/2019

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S.B. Civil Writ Petition No. 3560/2013

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Gagan Prakash Badetiya Son Of Shri Mohan Lal Badetiya, Aged About 31 Years, By Caste Raigar (S.c), Resident Of 10, Hari Marg, Roop Vihar, Malviya Nagaar, Jaipur (Rajasthan).

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----Appellant

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Versus

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State Of Rajasthan, Through Principal Secretary, Local Self Department, Government Of Rajasthan, Government Secretariat, Jaipur.

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Director, Local Bodies, Office Of Director Local Bodies, Everest Colony, Near Civil Line Phatak, Jaipur.

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State Level Municipalities, (Subordinate And Ministerial Services) Commission (Rajyastariya Nagarpalika (Administrative Exam Mantralayik Seva Aayog) Through Its Secretary, State Level Municipalities (Subordinate And Ministerial Services) Commission, Local Self Department Building, Everest Colony, Near Civil Line Phatak, Jaipur.

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----Respondents

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For Appellant(s)	: Mr. Vishal Soni.
For Respondent(s)	: Ms. Archana on behalf of Mr. Anil Mehta, AAG.

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HON'BLE MR. JUSTICE MOHAMMAD RAFIQ HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA

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Judgment

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26/08/2019

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This appeal has been filed by the appellant with delay of 843 days. Application No. 359/2019 under Section 5 of the Limitation Act has been filed by the appellant seeking condonation of delay in filing of the appeal.

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(2 of 2)

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[SAW-524/2019]

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Learned counsel for the respondent has opposed the application contending that no explanation constituting sufficient cause for condonation of delay has been given by the appellant.

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Two reasons have been given in the application. One reason is that the appellant received information under Right to Information Act vide communication dated 24.08.2016 that the persons having one month diploma in basic fireman course were given relaxation and appointed on 30.03.2015. Obviously, this information as per own showing of the appellant was received by him prior to passing of impugned judgment dated 21.09.2016, therefore, the same cannot justify enormous delay of 843 days in filing of the appeal. Another reason given by the appellant is that he learnt about the judgment rendered by another Single Bench of this Court at Principal Seat at Jodhpur dated 24.01.2014 wherein a contrary view was taken and received certified copy of the said judgment on 30.05.2017.

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Learned counsel for the respondents submitted that certified copy of the aforesaid judgment was applied for and received by the appellant much after the impugned judgment.

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Both the reasons in our considered opinion do not constitute sufficient cause to condone enormous delay of 843 days in filing of the appeal. Application No. 359/2019 under Section 5 of the Limitation Act is dismissed.

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Consequently, present appeal also stands dismissed.

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(NARENDRA SINGH DHADDHA),J

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(MOHAMMAD RAFIQ),J

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MANOJ NARWANI /26

Gagan Prakash Badetiya Son of Shri Mohan Lal Badetiya v. State of Rajasthan

Case brief

What is this about?

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Gagan Prakash Badetiya Son of Shri Mohan Lal Badetiya v. State of Rajasthan

Case brief

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What the court decided

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