Petitioners challenged a Jagirdar Commissioner's order via writ petition. The court noted laches, delay, and a pending review application due to the writ being filed years after the impugned order.
Petition dismissed on grounds of laches, delay and pendency of review application.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Writ Petition No. 5184/2020
----Petitioners
Versus
----Respondents For Petitioner(s) : None For Respondent(s) : None
HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA
Order
02/09/2020
The petitioners’ counsel was heard through Video Conferencing. The court made observations that the writ petition suffers from laches and delay. Option was also given to the counsel to withdraw the writ petition and pursue the review application which he stated to have filed whereafter learned counsel has put off his Video and has not responded. In order to
(2 of 2)
[CW-5184/2020]
give another opportunity, the case was passed over and has been taken up after lunch, however, the counsel for the petitioner has not joined on Video Conferencing in spite of several attempts.
In the light of the above, the case was examined on merits. This Court finds that the order was passed by the Jagirdar Commissioner on 13.4.2012 which the petitioner seeks to challenge now in the present writ petition, which has been filed in the year 2020 after the order passed by the Jagirdar Commissioner on 25 bighas of land was ordered to be granted to the petitioner. The petitioner stated to have filed a review application against the said order and also submits that the same is pending.
Keeping in view the fact that the review application is pending, this Court would not like to interfere in the writ petition, which is otherwise belated. Leaving the petitioner to pursue the review application, the present writ petition is dismissed on the ground of laches and delay.
(SANJEEV PRAKASH SHARMA),J
Anu/54/
1 issue framed by the court
Whether the writ petition should be allowed notwithstanding the existence of a pending review application and significant delay?
Bane Singh
Gopal Singh
Sushma Bai
Meera Bai
State Of Rajasthan
Jagir Commissioner
Sanjeev Prakash Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
