Rajasthan High Court - Jaipur
State Of Raj And Anr vs Vijay Singh on 21 November, 2013
Author: Ajay Rastogi
Bench: Ajay Rastogi
D.B.Civil Review Petition No.181/2013. In D.B.Special Appeal (Writ) No.1148/2012. The State of Rajasthan & Anr. VERSUS Vijay Singh. 21.11.2013. HON'BLE MR.JUSTICE AJAY RASTOGI HON'BLE MR.JUSTICE J.K.RANKA Mr.Ganesh Meena, Addl.Adv.General for State. *****
Instant review petition, arises out of order dt.03.10.2012, has been filed at the behest of review petitioner-State of Rajasthan as their special appeal was dismissed in view of the decision of the Apex Court in Civil Appeals No.469 & 470 of 2007 and Review Petitions (C) No.2124-2125 of 2011.
It has been brought to our notice that order dt.21.03.2012 passed by the ld.Single Judge was assailed before the Division Bench of this Court and it was based on the the judgment of ld.Single Judge passed in the case of Tara Chand & Ors. Vs. State of Rajasthan & Anr. [S.B.Civil Writ Petition No.4956/2008] decided on 20.08.2010 and the special appeal preferred against that order of the ld.Single Judge being D.B.Civil Special Appeal (Writ) No.456/2011 also came to be dismissed.
Counsel for review petitioner submits that while passing order dt.03.10.2012, reference has been made by the Division Bench of the order of Supreme Court, however, the fact remains that the reference was to be made of D.B.Civil Special Appeal (Writ) No.456/2011 which was dismissed by the Division Bench of this court vide order dt.12.09.2011, however, the ultimate fate of their special appeal will remain same.
The office has pointed out a delay of 366 days in filing instant review petitioner and an application u/S.5 of the Limitation Act has been filed seeking condonation of delay.
We are not satisfied with the reasons mentioned in the application, as regards delay in filing review petition is concerned. However, apart from it what has been contended by counsel for petitioner, looking to the fact that the ultimate fate of the appeal, preferred by the review petitioner will remain the same, as regards the reference of D.B.Civil Special Appeal (Writ) No.456/2011 decided on 12.09.2011, we have already taken note thereof, as indicated above.
Consequently, we do not find any force in the instant review petition and the review petition so also the application u/S.5 of the Limitation Act stand dismissed.
(J.K.RANKA),J. (AJAY RASTOGI),J. All corrections made in judgment/order have been incorporated in the judgment/order being emailed. Solanki DS, P.A