Partly allowed

Bhartiya Rashtriya Sahakari Sangh v. the Union of India

Rajasthan HC5 Aug 2024SAW/285/2024

Case brief

AI extract

What is this about?

The Special Bench of the Rajasthan High Court, Jaipur, condoned the delay in filing a D.B. Special Appeal (Writ). The appeal, challenging the Single Judge's dismissal of a modification application, was dismissed as the cited reasons justified the lower court's order amidst Supreme Court pendency. (40 words)

What did the court decide?

Application under Section 5 of the Limitation Act for condonation of delay was allowed. The Special Appeal was dismissed.

Bhartiya Rashtriya Sahakari Sangh Vs the Union of… — Service and Employment | Rajasthan HC (2024)

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[2024:RJ-JP:33296-DB]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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D. B. Special Appeal (Writ) No. 285/2024

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S.B. Civil Misc. Application No. 224/2023

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S.B. Civil Writ Petition No. 7235/2016

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Bhartiya Rashtriya Sahakari Sangh, Sahakari Shiksha Pariyojana Employees Federation Of India, Rajasthan, Jaipur having its registered office at Swami Kumaranand Bhawan, Near Hathrori Kila, Jaipur through its Executive Member Sri Kuldeep Sihag Son of Shri Devi Lal aged about 54 year Resident of Gali No. 7, Chowk No.8, New Suraj Nagari Abohar, District Fazilka, Punjab.

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----Appellant

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Versus

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The Union of India, through its Secretary, Ministry of Agriculture and Farmers Welfare, Govt. of India (Department of Agriculture and Cooperation) Room No. 115 Krishi Bhawan, Rajendra Prasad Road New Delhi. 110001

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The Joint Secretary (Cooperation), Ministry of Agriculture and Farmers Welfare, Govt. of India, Room No.246, Krishi Bhawan, Rajendra Prasad Road New Delhi.-110001 (Now The Separate Ministry has been established as Cooperative Ministry Govt. of India)

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The Chief Executive, National Cooperative Union of India, 3- Siri Institutional Area, August Kranti Marg, Hauz Khas, New Delhi-110001.

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----Respondents

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For Appellant : Mr. Ahok Kumar Pandey Advocate For Respondents : Mr. Anand Sharma Advocate

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HON'BLE THE CHIEF JUSTICE MR. MANINDRA MOHAN SHRIVASTAVA HON'BLE MR. JUSTICE GANESH RAM MEENA Order

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05/08/2024

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Heard.

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There is delay in filing of the appeal.

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(2 of 2)

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[2024:RJ-JP:33296-DB]

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[SAW-285/2024]

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Upon due consideration of the application filed under Section 5 of the Limitation Act, delay in filing of the appeal is condoned.

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Application under Section 5 of the Limitation Act is allowed.

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Learned counsel for the appellant would submit that the appellant has moved an application seeking modification of order dated 23.02.2017 passed by the learned Single Judge in S.B. Civil Writ Petition No. 7235/2016, but the same has not been considered on merits and dismissed on the ground that against the order passed by the learned Single Judge, writ appeal was preferred and now the matter is pending consideration before the Hon’ble Supreme Court.

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We do not find any ground to interfere with the order passed by the learned Single Judge. Learned Single Judge recorded a finding that the order, of which modification was sought, was challenged in appeal and that order merged with the order passed by the Division Bench. Learned Single Judge also noted that the matter is pending consideration before the Hon’ble Supreme Court and there is interim order operating also.

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The reasons which have been assigned by the learned Single Judge, in our view, justify the order which has been passed by the learned Single Judge, dismissing the application seeking modification. Therefore, no interference in the order passed by the learned Single Judge is called for.

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Appeal is, accordingly, dismissed.

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(GANESH RAM MEENA),J

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(MANINDRA MOHAN SHRIVASTAVA),CJ

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MANOJ NARWANI/ARTI SHARMA /69

Bhartiya Rashtriya Sahakari Sangh v. the Union of India

Case brief

What is this about?

What did the court decide?

Bhartiya Rashtriya Sahakari Sangh v. the Union of India

Case brief

What is this about?

What did the court decide?

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