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Rajasthan High Court - Jodhpur

State Of Rajasthan vs Jagdish Barwar on 3 May, 2019

Bench: Sangeet Lodha, Abhay Chaturvedi

HIGH COURT of JUDICATURE FOR RAJASTHAN AT JODHPUR
                 D.B. Spl. Appl. Writ No. 1792/2018

1.     State of Rajasthan Through The Secretary, Department of
       Rural Development and Panchayati Raj (Panchayati Raj),
       Govt. of Rajasthan, Jaipur (Raj.).
2.     Deputy Secretary, Rural Development and Panchayati Raj
       Department, Secretariat Jaipur.
3.     District Collector, Jalore (Raj.).
4.     Chief Executive officer, Zila Aprishad, Jalore, Rajasthan.
5.     Development officer, Panchayat Samiti Chitalwana District
       Jalore (Raj.).
                                                                   ----Appellants
                                   Versus
1.     Jagdish Barwar S/o Shri Kanaram, R/o Gram Panchayat
       Doongari, Pancayat Samit Chitalwana, District Jalore
       (Raj.).
2.     Deva Ram S/o Shri Kesa Ram, R/o Gram Panchayat Tappi,
       Pancayat Samit Chitalwana, District Jalore (Raj.).
3.     Prema Ram S/o Shri Samaram, R/o Gram Panchayat
       Keriya, Pancayat Samit Chitalwana, District Jalore (Raj.).
4.     Jeevaram S/o Shri Dukharam, R/o Gram Panchayat
       Virawa, Pancayat Samit Chitalwana, District Jalore (Raj.).
5.     Gordhan Ram S/o Shri Harji Ram, R/o Gram Panchayat
       Chitalwana, Pancayat Samit Chitalwana, District Jalore
       (Raj.).
6.     Tar Khan S/o Shri Sayala Khan, R/o Gram Panchayat
       Suthari, Pancayat Samit Chitalwana, District Jalore (Raj.).
7.     Devendra     Kumar       S/o     Shri     Mishra         Ram,   R/o   Gram
       Panchayat Sesawa, Pancayat Samit Chitalwana, District
       Jalore (Raj.).
8.     Dhanna Ram S/o Shri Vagta Ram, R/o Gram Panchayat
       Hotigaon, Pancayat Samit Chitalwana, District Jalore
       (Raj.).
                                                                 ----Respondents


For Appellant(s)          :    Mr. Sunil Beniwal, AAG.
For Respondent(s)         :    Mr. Pawan Singh.



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                                           (2 of 3)                  [SAW-1792/2018]


           HON'BLE MR. JUSTICE SANGEET LODHA

HON'BLE MR. JUSTICE ABHAY CHATURVEDI Order 03/05/2019 The appeal is reported to be barred by limitation for 96 days. It is accompanied by an application under Section 5 of the Limitation Act.

The application is not opposed by the counsel appearing for the respondents.

Accordingly, the application under Section 5 of the Limitation Act is allowed. Delay in filing the appeal is condoned.

Learned counsel appearing for the appellants submits that special appeal involving identical question being DBSAW No.1923/2018 (State of Rajasthan Vs. Bhagirath Singh) already stands disposed of by a Coordinate Bench of this Court vide order dated 08.03.2019 with the directions in the following terms:

"1. Writ petition filed by the respondents was disposed of after appellants were served but without giving opportunity to the appellants to file a reply to the writ petition.

2. The appeal is accordingly disposed of setting aside impugned order dated 06.03.2018. S.B.C.W.P. No.15386/2017 filed by the respondents is restored for adjudication afresh with a direction that the learned Single Judge will grant appellants an opportunity to file a reply. Thereafter, hearing the parties and considering the documents filed as annexures to the writ petition, the case be decided on merits."

(3 of 3) [SAW-1792/2018] Accordingly, the present special appeal is also disposed of in the light of directions issued in DBSAW No.1923/2018- State of Rajasthan Vs. Bhagirath Singh (supra).

(ABHAY CHATURVEDI),J (SANGEET LODHA),J 12-DJ/-

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