Dismissed

Lrs of Sukhdeo Singh v. Adm (a) Sri Ganganagar

Rajasthan HC22 Nov 2021CW/5735/2021

Case brief

AI extract

What is this about?

Petitioners challenged the Additional District Collector’s order rejecting their delay objection under Section 97 of the Rajasthan Panchayati Raj Act, 1994. The Court held that since no specific period applies, Section 5 of the Limitation Act explains the rationale but the Writ Petition fails; no interference warranted.

What did the court decide?

Writ petition failed; stay application disposed of.

Lrs of Sukhdeo Singh Vs Adm (a) Sri… — Pension and Retirement Benefits | Rajasthan HC (2021)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Writ Petition No. 5735/2021

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Lrs Of Sukhdeo Singh, S/o Sh. Ujagar Singh, B/c Jatsikh, R/o Kaliwali, Tehsil Sadulshahar, District Sri Ganganagar, (Dead), Through Legal Heirs -

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Kuldeep Singh S/o Sukhdeo Singh, Aged About 28 Years, B/c Jatsikh, R/o Kilawali Tehsil Sadulshahar, Dist. Sri Ganganagar.

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Paramjeet Kaur D/o Sh. Sukhdeo Singh, Aged About 31 Years, B/c Jatsikh, R/o Kilawali Tehsil Sadulshahar, Dist. Sri Ganganagar.

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Rajveer Kaur D/o Sh. Sukhdeo Singh, Aged About 30 Years, B/c Jatsikh, R/o Kilawali Tehsil Sadulshahar, Dist. Sri Ganganagar.

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----Petitioners

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Versus

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Adm (A) Sri Ganganagar, Sri Ganganagar.

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Gram Panchayat, Kila Wali, Through Sarpanch, Gram Panchayat, Kila Wali, Panchayat Samiti, Sadulshahar, Dist. Sri Ganganagar.

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Jagdeo Singh S/o Sh. Ujagar Singh, B/c Jatsikh, R/o Kilawali Tehsil Sadulshahar, Dist. Sri Ganganagar. (Revisionist)

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Lrs Of Jaskaran Singh S/o Sh. Ujagar Singh, B/c Jatsikh, R/o Kilawali Tehsil Sadulshahar, Dist. Sri Ganganagar , (Dead), Through Legal Heirs -

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Gurcharan Singh S/o Sh. Ujagar Singh, B/c Jatsikh, R/o Kilawali Tehsil Sadulshahar, Dist. Sri Ganganagar.

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Malkeet Singh S/o Sh. Ujagar Singh, B/c Jatsikh, R/o Kilawali Tehsil Sadulshahar, Dist. Sri Ganganagar.

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----Respondents

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For Petitioner(s) : Mr. V.K. Bhadu For Respondent(s) : Mr. Gyan Jyoti

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(2 of 3)

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[CW-5735/2021]

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JUSTICE DINESH MEHTA

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Order

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22/11/2021

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The present writ petition is directed against the order dated 04.03.2021, whereby preliminary objection raised by the petitioner in relation to delay in filing the revision petition under Section 97 of the Rajasthan Panchayati Raj Act, 1994 has been rejected.

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Mr. Bhadu, learned counsel for the petitioner submitted that the learned Additional District Collector has erred in passing the impugned order dated 04.03.2021 and rejecting petitioner’s objection while observing that provisions of Section 5 of the Limitation Act are not applicable.

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He argued that the order passed by the learned Additional District Collector is self contradictory inasmuch as on one hand he has observed that provision of Section 5 of the Limitation Act do not apply, whereas on the other hand he has condoned the delay. 4. Having heard learned counsel for the petitioner and upon perusal of the order impugned, this Court finds that the Additional District Collector has not, as a matter of fact, condoned the delay. True it is, that he has observed that provisions of Section 5 of the Limitation Act do not apply but the reason for holding so is, that Section 97 of the Rajasthan Panchayati Raj Act, 1994 does not provide any specific period in which a revision petition is required to be filed.

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By way of the impugned order, the Additional District Collector has rejected petitioner’s objection regarding delay in filing the revision. The revision petition is yet to be heard on merits. In the opinion of this Court, interference of this Court in

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(3 of 3)

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[CW-5735/2021]

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exercise of its supervisory jurisdiction under Article 226/227 of the

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Constitution of India is not warranted in the instant case.

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The writ petition, therefore, fails.

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Stay application also stands disposed of accordingly.

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(DINESH MEHTA),J

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115-Rahul/-

Lrs of Sukhdeo Singh v. Adm (a) Sri Ganganagar

Case brief

What is this about?

What did the court decide?

Lrs of Sukhdeo Singh v. Adm (a) Sri Ganganagar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Statutes considered

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