STATE OF RAJASTHAN Vs. M/S. MANI RAM BISHNOI
LAWS(RAJ)-2016-12-83
HIGH COURT OF RAJASTHAN
Decided on December 14,2016

STATE OF RAJASTHAN Appellant
VERSUS
M/S. Mani Ram Bishnoi Respondents

JUDGEMENT

VIJAY BISHNOI,J. - (1.) The matter comes up for consideration of an application under Section 5 of the Limitation Act with a prayer for condoning the delay of 539 days in filing this review petition. It is mentioned in the application that against the judgment dated 11.12.2013, which is sought to be reviewed, a Special Leave Petition was preferred before Hon'ble Supreme Court, however, the same was dismissed as withdrawn on 17.11.2014, whereby, the Hon'ble Supreme Court granted permission to the petitioners to file review petition before this Court.
(2.) It is noticed that after 17.11.2014, this review petition was filed before this Court on 27.7.2015 only. A very vague averment has been made in the review petition that after obtaining the certified copy of the order, the Officer-in-Charge has forwarded the same to the higher authorities of the State Government for filing review petition and the State Government thereafter instructed the Officer-in-Charge for filing the review petition. The Officer-in-Charge thereafter has contacted the Government Counsel and the review petition is preferred. In the application under Section 5 of the Limitation Act, it is not mentioned that on which date Officer-in-Charge has forwarded the certified copy of the order to the higher authorities of the State Government for filing review petition. It is also not been mentioned that on which date, the State Government has given instructions to the Officer-in-Charge for drafting and filing the review petition and as to when the Officer-in-Charge has contacted the Government Counsel for the purpose of filing the review petition.
(3.) From the above, it is clear that day to day delay in filing the review petition after 17.11.2014 has not been explained by the review petitioners. Otherwise also, learned counsel appearing for the State has failed to point out any error apparent in the order dated 11.12.2013 passed by this Court.;


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