The Special Appeal by the State against a Single Judge order was dismissed as barred by limitation, though an application under Section 5 of the Limitation Act was disposed of. The appeal was rejected.
Impeached writ petition by respondent dismissed; application for condonation of limitation disposed of.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
D.B. Spl. Appl. Writ No. 1725/2018
----Appellants
Versus
Niyaj Khan S/o Munir Khan, Aged About 38 Years, Village Post Jharoad, Tehsil Didwana, Dist. Nagaur (Rajasthan)
----Respondent
For Appellant(s) : Mr. Pankaj Sharma
HON'BLE MR. JUSTICE VIJAY BISHNOI HON'BLE MR. JUSTICE SUDESH BANSAL
Order
27/10/2021
This Special Appeal has been preferred on behalf of the respondent-State being aggrieved with the order dated 13.07.2018 passed by the learned Single Judge in SB Civil Writ Petition No.9994/2018 (Niyaj Khan vs. State of Rajasthan & Ors.).
The office has reported that the appeal is barred by limitation of 308 days and the application of under Section 5 of the Limitation Act has also been filed along with the appeal.
Learned counsel for the appellants has submitted that the delay in filing the appeal is bonafide and not intentional.
On merits, learned counsel for the appellants has submitted that the respondent is not entitled to get any relief as per order
(2 of 2)
[SAW-1725/2018]
dated 20.12.2017 passed in SB Civil Writ Petition No. 11461/2017 (Budha Ram Jajra Vs. State of Rajasthan & Ors.).
We have gone through the impugned order passed by the learned Single Judge. The learned Single Judge has simply gave directions to consider the case of the respondent in the light of Budha Ram Jajra’s case (supra) within a period of 60 days strictly in accordance with law.
We are of the opinion that if the respondent is not entitled to get any relief in terms of Budha Ram Jajra’s case (supra), the respondent-State can otherwise decide the case of respondent mentioning the same reasons.
In such circumstances, we do not find any case for interference in this special appeal and the same is dismissed as such.
The application of under Section 5 of the Limitation Act is also disposed of.
(SUDESH BANSAL),J
(VIJAY BISHNOI),J
5-Babulal/-
2 issues framed by the court
Whether the special appeal is barred by limitation.
Whether any merit is found to interfere in the impugned order.
Colour shows how this judgement treated each authority
Niyaj Khan vs. State of RajasthanReferred¶15
Niyaj Khan vs. State of Rajasthan & Ors.
Budha Ram Jajra Vs. State of RajasthanReferred¶21
Budha Ram Jajra Vs. State of Rajasthan & Ors.
1 provisions across 1 enactments
State Of Rajasthan, Through The Principal Secretary, Department Of Education, Secretariat, Jaipur
Niyaj Khan S/o Munir Khan
Vijay Bishnoi
Sudes Bansal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
