State of Rajasthan Vs Devendra Kumar Sharma S/O Shri Vinod Kumar Sharma — Rajasthan HC (2026) — LawSathi Research

State of Rajasthan Vs Devendra Kumar Sharma S/O Shri Vinod Kumar Sharma — Rajasthan HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Delay of one hundred seventy three days in filing the restoration application condoned; restoration application allowed; D.B Special Appeal (Writ) No.14/2024 restored to its original number subject to removal of defects within four weeks, failing which the restoration order shall stand revoked without reference to the Court.

Issue for consideration

Whether the delay of one hundred seventy three days in filing the restoration application should be condoned. +1 more

Court's answer

The application for condonation of delay is allowed and the delay of one hundred seventy three days in filing the restoration application is condoned.

Ratio / Principle

The restoration application is allowed; the appeal is restored to its original number subject to removal of defects within four weeks, failing which the restoration order shall stand revoked without reference to the Court.

Key takeaways

When technicalities are pitted against substantial justice, the latter shall prevail.obiter¶25
Observation that this is not an isolated case and reflects the seriousness with which Government departments pursue litigation in the High Court.obiter¶23

Detailed headnote1 paragraphs

Restoration and condonation of delay — D.B. Writ Restoration Application No. 1167/2024 in D.B. Special Appeal (Writ) No. 14/2024, High Court of Rajasthan (Jaipur Bench), Division Bench of Avneesh Jhingan and Baljinder Singh Sandhu, JJ., order dated 19.08.2025 — Special appeal had stood automatically dismissed for non-removal of defects despite order dated 15.02.2024 granting six weeks for the purpose — State filed the restoration application with a delay of 173 days — Court noted that the judgment relied upon by the learned Single Judge had meanwhile been stayed by the Supreme Court, yet the State took almost six months to seek restoration, and observed that this was not an isolated instance of the casual manner in which Government departments pursue litigation in the High Court — Held that when technicalities are pitted against substantial justice, the latter shall prevail — Delay of 173 days condoned; restoration application allowed; appeal restored to its original number subject to removal of defects within four weeks, failing which the restoration order is to stand revoked without further reference to the Court.

[2025:RJ-JP:32504-DB]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

D.B. Writ Restoration Application No. 1167/2024

In

D.B Special Appeal (Writ) No.14/2024

State Of Rajasthan, Through Principal Secretary, Education Department, Government Of Rajasthan, Secretariat, Jaipur.

Director, Elementary Education, Government Of Rajasthan, Bikaner.

Special Secretary To Government, Rural Development And Panchayati Raj Department, Government Of Rajasthan, Secretariat, Jaipur.

Commissioner, Specially Abled Person, Directorate Of Social Justice And Empowerment Department, Government Of Rajasthan, Jaipur.

----Petitioners

Versus

Devendra Kumar Sharma S/o Shri Vinod Kumar Sharma, Aged About 27 Years, R/o House No.1, Near Lohagarh Stadium, Jaswant Nagar, Bharatpur (Rajasthan).

----Respondent

For Petitioner(s) : Mr. Divanshu Gupta, AGC for Mr. S.S Naruka, AAG For Respondent(s) :

HON'BLE MR. JUSTICE AVNEESH JHINGAN HON'BLE MR. JUSTICE BALJINDER SINGH SANDHU

Order

19/08/2025

This is an application seeking restoration of the appeal accompanied by an application for condonation of delay of one hundred seventy three days.

[2025:RJ-JP:32504-DB]

[WRES-1167/2024]

(2 of 2)

This Court vide order dated 15.02.2024, had granted six weeks time to remove the defects failing which the Special Appeal (Writ) shall stand dismissed automatically without further reference to the Bench. The defects were not removed and the appeal was dismissed. Hence these applications.

This is not an isolated case depicting the seriousness with which the Government departments are pursuing litigation in the High Court.

In this particular case, the judgment relied upon by the learned Single Judge while passing the impugned judgment has been stayed by the Supreme Court, yet it took almost six months for the State to file an application for restoration.

Be that as it may, the technicalities when pitted against substantial justice later shall prevail.

For the reasons mentioned therein, the application is allowed and the delay of one hundred seventy three days in filing the application is condoned.

The restoration application is allowed.

The appeal is restored to its original number, subject to removal of defects within four weeks. In case of failure to do the needful, the restoration order passed today shall stand revoked without reference to the Court.

(BALJINDER SINGH SANDHU),J

(AVNEESH JHINGAN),J

Anil/Diksha-32