Division Bench set aside impugned judgment allowing W.P. No.13003/2018 as the precedent relied upon (Altaf Hussain) had been reversed by the Court. Appeal disposed of in terms of judgment dated 19.02.2021, condoning 77 days delay.
Impugned judgment dated 4.7.2019 set aside; Special Appeal disposed of in terms of judgment dated 19.02.2021.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
D.B. Spl. Appl. Writ No. 1500/2019
----Appellants
Versus
Kanhaiya Lal Vishnoi S/o Shanti Lal Vishnoi, Aged About 29 Years, Vishnoi Panchati Nohra Ke Pas, Ward No.2, Village Pur, Distt. Bhilwara (Raj.).
----Respondent
For Appellant(s) : Mr. Manish Vyas, AAG For Respondent(s) : Mr. Ram Niwas Choudhary
HON'BLE MR. JUSTICE VIJAY BISHNOI HON'BLE MR. JUSTICE SUDESH BANSAL
Judgment
25/10/2021
This special appeal has been preferred on behalf of the State being aggrieved with the order dated 4.7.2019 passed by the learned Single Judge in S.B. Civil Writ Petition No.13003/2018 whereby the writ petition preferred by the respondent came to be allowed in terms of another decision rendered by learned Single Judge in S.B. Civil Writ Petition No.14569/2018 (Altaf Hussain & Ors. Vs. State of Rajasthan & Ors.)decided on 29.10.2018.
Learned counsel for the appellant has submitted that the judgment passed by the learned Single Judge in S.B. Civil Writ Petition No.14569/2018 dated 29.10.2018 has already been reversed by the Division Bench of this Court in D.B. Special Appeal
(2 of 2)
[SAW-1500/2019]
(Writ) No.1349/2019 along with other connected appeals vide judgment dated 19.02.2021.
Learned counsel appearing on behalf of the respondent is not in a position to dispute the judgment passed by the learned Single Judge in the case of Altaf Hussain & Ors (supra) has already been reversed by the Division Bench of this Court.
In such circumstances, the 77 days delay in filing the appeal is condoned. The impugned judgment dated 4.7.2019 is hereby set aside and special appeal is disposed of in terms of judgment dated 19.02.2021 passed by this Court in D.B. Civil Special Appeal (Writ) No.1349/2019.
(SUDESH BANSAL),J
(VIJAY BISHNOI),J
5-Babulal/-
2 issues framed by the court
Whether the special appeal filed against the order allowing W.P. No.13003/2018 should be decided on merits given the prior reversal of the precedent relied upon.
Whether the delay in filing the special appeal should be condoned.
Colour shows how this judgement treated each authority
Altaf Hussain & Ors. Vs. State of Rajasthan & Ors.Dissented from¶14
S.B. Civil Writ Petition No.14569/2018
D.B. Special Appeal (Writ) No.1349/2019Applied¶20
State Of Rajasthan
Kanhaiya Lal Vishnoi
VIJAY BISHNOI
SUDESH BANSAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
