Rajasthan High Court - Jodhpur
State Of Rajasthan vs Ramandeep Kaur on 1 December, 2022
Bench: Pankaj Mithal, Dinesh Mehta
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Spl. Appl. Writ No. 1024/2022
1. State Of Rajasthan, Through Secretary, Department Of
Home Affairs, Secretariat, Jaipur (Rajasthan).
2. Director General Of Police, Headquarter Rajasthan Police
Jaipur Rajasthan
3. Superintendent Of Police, Shri Ganganagar Rajasthan.
----Appellants
Versus
Ramandeep Kaur D/o Shri Rajendra Singh, Aged About 27 Years,
Resident Of Village Ward No 1 Amarpura Rathan 33 STG District
Hanumangarh Raj.
----Respondent
For Appellant(s) : Mr. Manish Vyas, AAG with
Mr. Kailash Choudhary
For Respondent(s) : -
HON'BLE THE CHIEF JUSTICE MR. PANKAJ MITHAL
HON'BLE MR. JUSTICE DINESH MEHTA
Order 01/12/2022 Heard Shri Manish Vyas, learned Additional Advocate General.
There is a delay of 31 days in filing the appeal. The delay has been explained by filing an application under Section 5 of Limitation Act and it has been stated that the aforesaid short delay occurred due to procedure required to be followed for taking opinion and then sending the matter before the Pre Litigation Committee. It is also submitted that there is no willful or deliberate delay on part of the appellants in filing the appeal.
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(2 of 2) [SAW-1024/2022] In view of the above, the delay in filing the appeal is sufficiently explained and the same is condoned subject to objection, if any, on appearance by the respondent.
Since in similar matters, the Division Bench of this Court has already passed interim orders and one of the order is dated 30.09.2022, passed in D.B. Special Appeal Writ No.778/2022, State of Rajasthan & Ors. Vs. Bhupendra Manat, we direct for issuance of notice both on the delay condonation application and the appeal to the respondents by registered post, returnable within six weeks.
List for admission/final disposal along with the record of the above referred appeal (D.B. Special Appeal Writ No.778/2022).
In the meantime, effect and operation of the impugned order dated 18.07.2022, passed by learned Single Judge, directing the appellants to reimburse the amount of Rs.1,25,655/- along with interest @ 6% per annum shall remain stayed.
(DINESH MEHTA),J (PANKAJ MITHAL),CJ
32-Ramesh/Arvind/-
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