Supreme Court - Daily Orders
State Of Rajasthan & Ors. Etc. Etc. vs Samsuddin Etc. Etc. on 23 July, 2014
ª$ IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NOS 6770-6774 OF 2014
(arising out of SLP (C) Nos. 24557-24561 of 2011)
STATE OF RAJASTHAN & ORS. ETC. ETC. APPELLANTS
VERSUS
SAMSUDDIN ETC. ETC. RESPONDENTS
with
CIVIL APPEAL NO. 6775 OF 2014
(Arising out of SLP (C) No.26114 of 2011)
STATE OF RAJASTHAN & ORS. APPELLANTS
VERSUS
GORDHAN RESPONDENT
O R D E R
Leave granted.
These appeals have been preferred against the judgment (s) dated 22nd April, 2011 in D.B.Civil Special Appeal (Writ) Nos. 06971, 06972, 06973, 06975 and 06976 of 2010 and 18 th April, 2011 in D.B.Civil Special Appeal (Writ) No. 06974 of 2010 passed by the High Court of Judicature Rajasthan at Jodhpur. By the impugne d Signature Not Verified Digitally signed by judgments, Rajni Mukhi Date: 2014.07.30 15:03:14 IST the High Court refused to condone the delay of 33 Reason: days/37 days in preferring the appeals against order passed in different writ petitions. The High Court held that there is unusual delay in preferring the appeal and the appellants cannot take the usual ground relating to administrative sanction for condoning the delay.
Notices were issued to respondents and served but they have not appeared.
We have heard the learned counsel for the appellant (s) and being satisfied with the grounds raised in the matter for preferring the appeals after delay of about 33 days/37 days, we condone the delay, set aside the impugned judgments passed by the High Court of Judicature Rajasthan at Jodhpur dated 22 nd April, 2011 in D.B.Civil Special Appeal (Writ) Nos. 06971, 06972, 06973, 06975 and 06976 of 2010 and 18th April, 2011 in D.B.Civil Special Appeal (Writ) No. 06974 of 2010. The appeals are remitted back to the High Court for its decision on merits.
The appeals stand disposed of with the aforesaid observations.
...............................J. [SUDHANSU JYOTI MUKHOPADHAYA] .............................J. [S.A.BOBDE] NEW DELHI;
JULY 23, 2014
ITEM NO.4 COURT NO.5 SECTION XV
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) Nos. 24557-24561/2011 (Arising out of impugned final judgment and order dated 22/04/2011 in DBCSA No. 06971/2010,22/04/2011 in DBCSA No.06972/2010,22/04/2011 in DBCSA No. 06973/2010,22/04/2011 in DBCSA No. 06975/2010,22/04/2011 in DBCSA No. 06976/2010 passed by the High Court Of Rajasthan At Jodhpur) STATE OF RAJASTHAN & ORS. ETC. ETC. Petitioner(s) VERSUS SAMSUDDIN ETC. ETC. Respondent(s) WITH SLP(C) No. 26114/2011 (With appln.(s) for Interim Relief) Date : 23/07/2014 These petitions were called on for hearing today. CORAM :
HON’BLE MR. JUSTICE SUDHANSU JYOTI MUKHOPADHAYA HON’BLE MR. JUSTICE S.A. BOBDE For Petitioner(s) Ms. Ruchi Kohli ,Adv. Ms. Nidhi Jaswal, Adv.
For Respondent(s) Mrs. Hemantika Wahi, Adv.
Ms. Puja Singh, Adv.
Giss Antony, Adv.
Mr. B. K. Pal ,Adv.
UPON hearing the counsel the Court made the following O R D E R Leave granted.
The appeals stand disposed of in terms of the Signed Order.
[RAJNI MUKHI] [USHA SHARMA]
SR. P.A. COURT MASTER
(Signed Order is placed on the file)