Special leave appeal filed challenging dismissal of a writ petition on grounds of alternative remedy. Court held appeal time-barred and not maintainable, requiring review application instead. Appeal dismissed.
The appeal is dismissed with liberty to file a review application.
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[2023/RJJP/001272]
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
D.B. Special Appeal (Writ) No. 1383/2018
In
S.B. Civil Writ Petition No.17572/2012
Khadi Gramodhay Samittee, Dholpur. Through Its Assistant/ Deputy Secretary Mr. Anang Pal Singh S/o Shri Rambabu Singh, Aged About 48 Years, R/o GT Road, Dholpur, (Raj.)
----Appellant
Versus
----Respondents
For Appellant(s) : Mr. Dinesh Kumar Garg Advocate.
HON'BLE MR. JUSTICE MANINDRA MOHAN SHRIVASTAVA HON'BLE MR. JUSTICE GANESH RAM MEENA
Judgment
02/02/2023
Heard.
The order dated 15.11.2017 passed by the learned Single Judge has been assailed before us. The appeal is time barred by 241 days.
The writ petition was dismissed on the ground of existence of an alternative remedy.
Learned counsel for the appellant would submit that the issue raised in this appeal is squarely covered by the order of the learned Single Judge passed in the case of Madhavi Sharma
(2 of 2)
[2023/RJJP/001272]
[SAW-1383/2018]
Versus National Highways Authority & Others, (2016) 3 RLW (Raj.) 1978 , but the same could not be brought to the notice of learned Single Judge.
If that be so, the remedy lies in filing of the review application and not in appeal. Therefore, the appeal need not be entertained, however, with liberty to file review application.
The appeal is accordingly dismissed with aforesaid liberty.
(GANESH RAM MEENA),J
(MANINDRA MOHAN SHRIVASTAVA),J
SANJAY KUMAWAT-12
2 issues framed by the court
Whether the special leave appeal is maintainable despite the delay of appeal being time-barred.
What remedy is available if an order was passed without considering a precedent.
Colour shows how this judgement treated each authority
Madhavi Sharma Versus National Highways Authority & OthersReferred¶20
(2 of 2) [2023/RJJP/001272] SAW-1383/2018
Madhavi Sharma Versus National Highways Authority & Others, (2 of 2)Referred¶24
(2016) 3 RLW (Raj.) 1978
Khadi Gramodhay Samittee, Dholpur
National Highway Authority
The Competent Authority (Land Acquisition Officer)
The District Collector, Dholpur
Manindra Mohan Shrivastava
Ganesh Ram Meena
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
