The High Court condoned the delay in file. Since the respondent was reinstated, the appeal challenged only the cost. The Court waived the fine and partly allowed the appeal.
Condonation of delay allowed; Cost of Rs. 25,000/- imposed by Single Judge waived; Appeal partly allowed.
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[2023/RJJP/011852]
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
D.B. Special Appeal Writ No. 376/2023
----Appellants
Versus
Ram Kishore Meena S/o Shri Hari Narain Meena, Aged About 38 Years, R/o Village Sankotda, Tehsil Jamwaramgarh, District Jaipur.
----Respondent
| For Appellant(s) | : Mr. Udit Sharma for |
|---|---|
| Mr. Rajesh Maharshi, AAG | |
| For Respondent(s) | : None present |
HON'BLE THE ACTING CHIEF JUSTICE MR. MANINDRA MOHAN SHRIVASTAVA HON'BLE MR. JUSTICE ANIL KUMAR UPMAN
Order
24/05/2023
Heard on application (142/2023) for condonation of delay.
Considering the short period of delay and the cause shown in the application, application is allowed.
The delay is, accordingly, condoned.
On statement made by learned counsel for the appellants that in compliance of the order passed by learned Single Judge, respondent has now been reinstated in service, the challenge in the appeal survives only to the cost part.
Taking into consideration the material available on record and, particularly, the background in which the action was taken
[2023/RJJP/011852]
[SAW-376/2023]
(2 of 2)
against the respondent, we are inclined to waive the cost of Rs.25,000/- imposed by learned Single Judge.
The appeal is partly allowed.
(ANIL KUMAR UPMAN),J (MANINDRA MOHAN SHRIVASTAVA),ACTING CJ
CHARU SONI /86
2 issues framed by the court
Whether delay in filing D.B. Special Appeal should be condoned.
Whether the cost imposed by the Single Judge should be waived upon reinstatement of the respondent.
The State Of Rajasthan, Through Principal Secretary Department Of Home, Government Of Rajasthan, Jaipur.
Inspector General Of Police, Range Udaipur
District Superintendent Of Police, Udaipur
Ram Kishore Meena S/o Shri Hari Narain Meena
Manindra Mohan Shrivastava
Anil Kumar Upman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
