The High Court of Rajasthan at Jodhpur dismissed a special appeal writ filed by the State against an order of the learned Single Judge. The appeal was rejected due to incurable procedural defects, specifically the failure to file a certified copy of the impugned order, despite multiple extensions granted.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
[2023:RJ-JD:24066-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
D.B. Special Appeal Writ No. 500/2020
----Appellants
Versus
(2 of 3)
[2023:RJ-JD:24066-DB]
[SAW-500/2020]
(Raj.)
----Respondents
For Appellant(s) : Mr. Sunil Beniwal, AAG Mr. Piyush Bhandari
HON'BLE MR. JUSTICE VIJAY BISHNOI HON'BLE MR. JUSTICE YOGENDRA KUMAR PUROHIT
Judgment
28/07/2023
1. Office has pointed out several defects including the defect of not filing the certified copy of the impugned order.
2. It is noticed that this special appeal writ has been filed against the order dated 09.04.2018 passed by the learned Single Judge of this Court in S.B. Civil Writ Petition No.271/2018 (Satpal Singh & Ors. Vs. State of Rajasthan & Ors.) , whereby the learned Single Judge of this Court has disposed of that writ petition filed on behalf of the respondents in the light of judgments passed by learned Single Judge of this Court at Jaipur Bench in Surendra Kumar Gurjar Vs. State of Rajasthan & Ors. (S.B. Civil Writ Petition No.4582/2017) decided on 03.04.2017 and Ganpat Lal Sen & Ors. Vs. The State of Rajasthan & Ors. (S.B. Civil Writ Petition No.14383/2017) decided on 13.09.2017.
[2023:RJ-JD:24066-DB]
[SAW-500/2020]
(3 of 3)
3. In those above referred writ petitions, the respondents therein were directed to consider and decide the representation filed by the petitioners therein within a period of eight weeks.
4. It is noticed that this special appeal writ was filed on 23.11.2020 with several defects. It is further noticed that on 07.12.2022, the Registrar (Admn.) of this Court granted two weeks’ time to cure the defects pointed out by the office, however, when the same were not cured then this Court on 31.03.2023, granted one week’s time to remove the defects. It is to be noticed that again on 10.05.2023, this Court granted two weeks’ time to remove the defects.
5. As the certified copy of the impugned order has not been filed along with this special appeal writ, the limitation cannot be calculated. The other nine defects pointed out by the Registry have also not been cured till date.
6. It is also to be noticed that vide impugned order dated 09.04.2018, the learned Single Judge simply directed the appellants to decide the representation filed by the respondents, hence, we don’t find any merit in this special appeal writ and the same is hereby dismissed for not curing the defects pointed out by the Registry as well as on merits.
(YOGENDRA KUMAR PUROHIT),J
(VIJAY BISHNOI),J
Abhishek Kumar S.No.41
1 issue framed by the court
Whether a special appeal writ filed with incurable defects and no certified copy of the impugned order should be dismissed.
Colour shows how this judgement treated each authority
Satpal Singh & Ors. Vs. State of Rajasthan & Ors.Followed¶35
S.B. Civil Writ Petition No.271/2018
Surendra Kumar Gurjar Vs. State of Rajasthan & Ors.Applied¶35
Surendra Kumar Gurjar Vs. State of Rajasthan & Ors. (S.B. Civil Writ Petition No.4582/2017)
Ganpat Lal Sen & Ors. Vs. The State of Rajasthan & Ors.Applied¶35
Ganpat Lal Sen & Ors. Vs. The State of Rajasthan & Ors. (S.B. Civil Writ Petition No.14383/2017)
State of Rajasthan
Satpal Singh
VIJAY BISHNOI
YOGENDRA KUMAR PUROHIT
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
