SHYAMA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) MAIN Writ Petition No. 1129/99 was dismissed by me on 31. 8. 99. The said order was initially challenged by the petitioner before the Division Bench of this Court by way of special appeal filed on 8. 10. 1999 as stated at the Bar by the learned counsel Shri Goyal for the petitioner. The same was withdrawn by Shri N. K. Goyal from the Division Bench on 17. 12. 1999 as he wanted to approach this Court by way of review. While withdrawing the special appeal, a request was made that appropriate direction may be given for condonation of delay for filing the review petition to which the Hon'ble Judges of the Division Bench observed that appellant (present petitioner) may file appropriate application alongwith the review application which shall be considered and decided by the learned Single Judge in accordance with law.

(2.) ACCORDINGLY, this review petition was filed on 7. 1. 2000 which is barred by period of limitation by 99 days as calculated by the Office of this Court. On merits the submission of Mr. Goyal was that the period of limitation of one year has been prescribed by the Division Bench of this court in Anandi Lal's case (1) and on merits the facts of this case were different from writ petition no. 478/98 which was dismissed by me on 31. 8. 99 itself.

(3.) IF, there was any error apparent on the face of record, then in my considered opinion the petitioner should have immediately file review petition before this Court within the period of limitation, but instead of filing review petition the petitioner thought it fit to file special appeal before the Division Bench and lateron withdrew the special appeal for the purpose of filing review petition.