The High Court of Rajasthan dismissed a special appeal filed by the State challenging a Single Judge order directed respondents to decide a representation regarding land rights based on a specific judicial precedent.
Special appeal dismissed; order of the Single Judge setting aside the representation claim via Budha Ram Jajra precedent upheld.
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. 669/2019
----Appellants
Versus
Ram Kumar S/o Shri Moola Ram, Aged About 39 Years, R/o Vpo Dholiya, Tehsil Ladnun, Dist. Nagaur, Rajasthan.
----Respondent
For Appellant(s) : Mr. Pankaj Sharma, AAG Mr. Deepak Chandak, AGC For Respondent(s) :
HON'BLE MR. JUSTICE VIJAY BISHNOI HON'BLE MR. JUSTICE SUDESH BANSAL
Judgment / Order
25/10/2021
This Special Appeal has been preferred on behalf of the respondent-State being aggrieved with the order dated 03.08.2018 passed by the learned Single Judge in SB Civil Writ Petition No.11236/2013 (Ram Kumar Vs. State of Rajasthan & Ors.).
The office has reported that the appeal is barred by limitation of 43 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.
(2 of 2) [SAW-669/2019]
On merits, learned counsel for the appellants has submitted that the respondent is not entitled to get any relief as per order 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 the respondents to decide the representation of the respondent Ram Kumar in terms 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 his representation mentioning the same reason.
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
2-Arun/-
2 issues framed by the court
Whether the special appeal filed by the State of Rajasthan is barred by limitation.
Whether the Single Judge erred in directing respondents to decide the representation of the respondent in terms of a specific case law precedent.
State Of Rajasthan
Director Elementary Education, Bikaner
Chief Executive Officer, Zila Parishad, Nagaur
Ram Kumar
Vijay Bishnoi
Sudesh Bansal
As recorded by the court registry
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