Dismissed

State of Rajasthan v. Kanhaiya Lal

Rajasthan HC5 Apr 2022SAW/1626/2018

Case brief

AI extract

What is this about?

Division Bench dismissed two delayed Special Appeals challenging previous orders, ruling that the controversy is fully settled by a coordinate Division Bench judgment and the Supreme Court's subsequent rejection, resulting in dismissal on both merits and delay grounds.

What did the court decide?

Special Appeals Writ No. 1627/2018 and 1626/2018 were dismissed as being delayed and on merits.

State of Rajasthan Vs Kanhaiya Lal — Constitutional and Fundamental Rights | Rajasthan HC (2022)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

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JODHPUR

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D.B. Spl. Appl. Writ No. 1627/2018

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State Of Rajasthan, Through The Principal Secretary, Department Of Home, Govt. Of Rajasthan, Jaipur

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The Director General Of Police, Govt. Of Raj Jaipur

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Additonal Director General Of Police, Rajasthan Armed Constabulary, Govt. Of Raj. Jaipur

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Inspector General Of Police, Rajasthan Armed Constabulary, Jaipur

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Dy. Inspector General Of Police, Rajasthan Armed Constabulary, Range Jaipur

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The Commandant, Ist Battalion, Rajasthan Armed Constabulary, Jodhpur

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----Appellants

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Versus

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Karanjeet Singh S/o Jaimal Singh, Aged About 54 Years, Village And Post Mayal, Tehsil And District Rewari (Haryana)

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----Respondent

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Connected With

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D.B. Spl. Appl. Writ No. 1626/2018

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State Of Rajasthan, Through The Principal Secretary, Department Of Home, Govt. Of Rajasthan, Jaipur.

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The Director General Of Police, Govt. Of Raj. Jaipur.

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Additional Director General Of Police, Rajasthan Armed Constabulary, Govt. Of Raj. Jaipur.

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Inspector General Of Police, Rajasthan Armed Constabulary, Jaipur.

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Dy. Inspector General Of Police, Rajasthan Armed Constabulary, Range, Jaipur.

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The Commandant, Ist Battalion, Rajasthan Armed Constabulary Jodhpur.

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----Appellants

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Versus

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Kanhaiya Lal S/o Binja Ram, Aged About 44 Years, R/o Near Water Tank, Nagori Bera, Jodhpur.

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----Respondent

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For Appellant(s) : Mr. Manish Vyas, AAG For Respondent(s) : Mr. S.S. Rajpurohit

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HON'BLE MR. JUSTICE SANDEEP MEHTA HON'BLE MR. JUSTICE FARJAND ALI

(2 of 2)

[SAW-1627/2018]

Order

05/04/2022

Learned counsel Shri Rajpurohit submits that the impugned order is based on the decision dated 17.05.2017 passed by learned Single Bench of Rajasthan High Court, Bench Jaipur in S.B. Civil Writ Petition No.1737/2008 : Satyendra Singh vs State of Rajasthan & Ors. The said judgment was carried by the State to the Division Bench by filing Special Appeal (Writ) No.1383/2017 (State of Rajasthan & Ors,. Vs Satyendra Singh) which has been dismissed on 18.12.2017 and the SLP preferred their against has also been rejected by Hon’ble the Supreme Court on 02.07.2018. Shri Rajpurohit thus, submits that nothing survives for consideration of this Court in these appeals as the controversy is covered by Coordinate Division Bench judgment of this Court.

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Shri Manish Vyas, AAG is not in a position to dispute this submission of Shri Rajpurohit.

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In addition to the fact that the appeals are delayed by 54 days, the controversy is covered by Division Bench judgment on merits as well. Hence, the appeals are dismissed as being delayed and so also on merits in terms of the order dated 18.12.2017 passed in Special Appeal (Writ) No.1383/2017 (State of Rajasthan & Ors. vs Satyendra Singh).

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(FARJAND ALI),J

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(SANDEEP MEHTA),J

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1-/ Sudhir Asopa/devesh/-

State of Rajasthan v. Kanhaiya Lal

Case brief

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State of Rajasthan v. Kanhaiya Lal

Case brief

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