Dismissed

State of Rajasthan v. Rafiq Mohammad S/O Late Shri Babu Khan

Rajasthan HC17 Jan 2022SAW/35/2022

Case brief

AI extract

What is this about?

The High Court of Rajasthan Bench at Jaipur dismissed a special appeal filed by the State and officers against a refund order. The single judge's order allowing the writ for refund was accepted as correct facts, but the appeal was rejected due to gross inordinate delay of over 1145 days without explanation.

What did the court decide?

The Single Judge's order allowing the writ petition with refund of money on reversal of the impugned action is upheld via dismissal of the appeal.

State of Rajasthan Vs Rafiq Mohammad S/O Late Shri Babu Khan — Rajasthan HC (2022) — LawSathi Research

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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D.B. Special Appeal Writ No. 35/2022

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State Of Rajasthan, Through The Secretary, Excise (Finance) Department, Government Of Rajasthan, Secretariate, Jaipur

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Excise Commissioner, Excise Department, Udaipur

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District Excise Officer, Jaipur City, Vitt Bhawan, Janpath, Near Vidhan Sabha, Jaipur

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----Appellants Versus

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Rafiq Mohammad S/o Late Shri Babu Khan, Aged About 47 Years, Resident Of L-1/10, Sector No. 6, Jiwan Chaya, Lic Flat, Vidyadhar Nagar, Jaipur.

¶8

----Respondent

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For Appellant(s) : Mr. Vivek Dangi through VC For Respondent(s) :

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HON'BLE THE CHIEF JUSTICE MR. AKIL KURESHI HON'BLE MR. JUSTICE SAMEER JAIN

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Order

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17/01/2022

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D.B. Special Appeal Writ No. 35/2022 & D.B. Civil Misc. Application No.15/2022:-

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This appeal is directed against the judgment of the learned Single Judge dated 03.08.2018 in writ petition No.12236/2012. The respondent-original petitioner had sought refund of a sum of Rs.3.80 lacs on the ground that in case of similarly situated persons it was granted and also provided that the refund would be given to other similarly situated persons. The learned Single Judge allowed the writ petition directing the refund of money with interest and imposed a cost of Rs.25,000/-. The interest and cost

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(2 of 2)

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[SAW-35/2022]

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to be recovered from the concerned District Excise Officer who was required to release the amount on demand raised by the petitioner.

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There is a delay of more than 1145 days in filing this appeal. We find no proper reasons for explaining such gross delay. Importantly the facts recorded by the learned Single Judge are not seriously disputed. Despite clear declaration by the Court in case of another person that similarly situated person should receive refund without litigation, the petitioner was not granted refund. He filed a writ petition in the year 2012 which the Government resisted instead of fairly conveying to the court that not granting refund to him was an error. It appears that in some cases refund was granted but the petitioner was treated differently.

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We do not find any reason to condone the delay. In absence of any worthwhile explanation for inordinate delay in filing the appeal, the application for condonation of delay is dismissed. Resultantly the appeal is also dismissed. All pending applications stand disposed of.

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(SAMEER JAIN),J

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(AKIL KURESHI),CJ

¶22

Kamlesh Kumar/N.Gandhi/24

State of Rajasthan v. Rafiq Mohammad S/O Late Shri Babu Khan

Case brief

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State of Rajasthan v. Rafiq Mohammad S/O Late Shri Babu Khan

Case brief

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