This intra-court appeal against a Single Judge's order dismissing a writ petition on inordinate delay was dismissed by the Division Bench. The Court held the appellant's explanation for delay was not plausible.
null
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
D.B. Spl. Appl. Writ No. 521/2020
Chunni Lal S/o Shri Bhera Ji, aged about 55 Years, By Caste Meghwal, R/o Balrai, Tehsil and Dist. Pali.
----Appellant
Versus
----Respondents
For Appellant(s) : Mr. Vinay Shrivastava.
HON'BLE MR. JUSTICE SANGEET LODHA HON'BLE MR. JUSTICE RAMESHWAR VYAS Order
14/01/2021
This intra-court appeal is directed against the order dated 11.09.2020 passed by the learned Single Judge of this Court, whereby writ petition preferred by the writ-petitioner assailing the order dated 09.05.2013 passed by the District Collector, Pali in Panchayat Revision No.19/2012, has been dismissed.
A perusal of the order passed by the learned Single Judge reveals that the writ petition has been dismissed on account of inordinate delay of seven years.
Learned counsel appearing for the appellant contended that the appellant/writ-petitioner, an illiterate and poor person, belonging to rural background did not receive correct legal advice timely and, therefore, he could not approach this Court immediately. Relying upon a decision of Hon’ble the Supreme
(2 of 2)
[SAW-521/2020]
Court in the case of Tukaram Kana Joshi & Ors. Through Power of Attorney Holder Vs. M.I.D.C. & Ors. reported in AIR 2013 SC 565 learned counsel submitted that the delay and laches in approaching the writ Court cannot operate as an absolute bar against exercise of writ jurisdiction and thus the learned Single Judge has seriously erred in dismissing the writ petition on account of delay.
Indisputably, in the instant case, the appellant had obtained copy of the order dated 09.05.2013 passed by the revisional authority in the year 2013 itself, however, he remained content with the order passed by the revisional authority and did not challenge the same. It is noticed that in the petition filed, the writpetitioner while explaining the delay mentioned that he approached the higher authorities but no heed was paid and, therefore, delay has occurred, to contrary before this Court, he has contended that being illiterate and not being properly advised at the relevant time, he could not file the writ petition immediately.
In our considered opinion, the explanation furnished for delay is not plausible and acceptable and, therefore, the order passed by the learned Single Judge dismissing the writ petition on account of inordinate delay and laches, does not warrant interference by this Court in intra-court appeal jurisdiction. The special appeal is, therefore, dismissed.
(RAMESHWAR VYAS),J
(SANGEET LODHA),J
3-DJ/-
2 issues framed by the court
Whether the intra-court appeal warrants interference given the dismissal of the writ petition on account of inordinate delay and laches.
Whether the appellant's explanation for delay, viz. illiteracy and lack of legal advice, is plausible and acceptable.
Colour shows how this judgement treated each authority
Tukaram Kana Joshi & Ors. Through Power of Attorney Holder Vs. M.I.D.C. & Ors.Referred¶15
Tukaram Kana Joshi & Ors. Through Power of Attorney Holder Vs. M.I.D.C. & Ors. reported in AIR 2013 SC 565 · Who else cites this
Chunni Lal S/o Shri Bhera Ji
State of Rajasthan, Through District Collector, Pali
Peera Ram S/o Nava Ji
Gram Panchayat Balrai
Sangeet Lodha
Rameshwar Vyas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
