This Division Bench dismissed the State's special appeal against a Single Judge's judgment upholding a lower court order, relying on a prior Division Bench decision in Nayana Patidar's case.
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[2023/RJJD/010305]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
D.B. Spl. Appl. Writ No. 223/2023
----Appellants
Versus
Pratibha Jawaria D/o Mangi Lal Jawaria W/o Hme Prakash Jain, Aged About 40 Years, R/o Dak Bangla Road, Jhadol (Ph), Dist. Udaipur, Rajasthan
----Respondent
For Appellant(s) : Mr. Pankaj Sharma, AAG For Respondent(s) :
HON'BLE MR. JUSTICE VIJAY BISHNOI HON'BLE MR. JUSTICE PRAVEER BHATNAGAR
Order
17/04/2023
This special appeal is filed by the State being aggrieved with the judgment dated 26.05.2022 passed by the learned Single Judge in SBCWP No.6369/2022, whereby the writ petition filed by the respondent has been disposed of in the light of an order dated 12.05.2022 passed by another Single Bench of this Court in SBCWP No.5975/2022 (Nayana Patidar vs. State of Rajasthan & Ors.).
Office has pointed out that the present appeal has been filed with a delay of 158 days and application under Section 5 of the Limitation Act has already been filed by the State.
[2023/RJJD/010305]
[SAW-223/2023]
Mr. Pankaj Sharma, learned AAG submits that the decision rendered by the Single Bench of this Court in Nayana Patidar’s case (supra) has been affirmed by the Division Bench of this Court in D.B. Special Appeal Writ No.975/2022 decided on 11.01.2023.
In view of the above, the present appeal is dismissed in terms of the judgment dated 11.01.2023 passed by this Court in D.B. Special Appeal Writ No.975/2022 (State of Raj. & Ors. vs. Nayana Patidar).
The application under Section 5 of the Limitation Act is also disposed of.
(PRAVEER BHATNAGAR),J
(VIJAY BISHNOI),J
84-Taruna/-
Colour shows how this judgement treated each authority
SBCWP No.5975/2022 (Nayana Patidar vs. State of Rajasthan & Ors.)Referred¶15
State of Raj. & Ors. vs. Nayana PatidarRelied on¶20
D.B. Special Appeal Writ No.975/2022
State Of Rajasthan
Pratibha Jawaria
VIJAY BISHNOI
PRAVEER BHATNAGAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
