LAWS(RAJ)-2023-3-167

TRIPTI SINGHVI Vs. STATE OF RAJASTHAN

Decided On March 03, 2023
Tripti Singhvi Appellant
V/S
STATE OF RAJASTHAN Respondents

JUDGEMENT

(1.) "Law comes to the assistance of the vigilant not of the sleepy." - Salmond. Fixing a lifespan for availing legal remedy and object for fixing time limit for litigation is for the purpose of general welfare. Otherwise there would be no end of any litigation unless the limitation is prescribed.

(2.) An application for condonation of delay of 2264 days has been submitted to explain the delay in filing this review petition and the following reasons have been mentioned in paragraph Nos.2 to 4, which are reproduced as under:-

(3.) From the aforesaid facts mentioned in the application for condonation of delay, it is clear that the review petitioner/State was completely indolent and lethargic in taking remedy. The impugned order was passed on 7/9/2016. Even according to the petitioner there was worldwide spread of Covid-19 pandemic and time was consumed due to administrative reasons. It is worthy to note here that the lockdown started only from 20/3/2020 and the Hon'ble Apex Court condoned / excluded the delay In Re: Cognizance for Extension of Limitation in Suo Motu Writ Petition (c) No.3/2020 where the limitation would have expired during the period between 15/3/2020 till 28/2/2022. The period commencing from 15/3/2020 to 28/2/2022 was excluded in computing the period of limitation. But here in this case, the impugned order was passed on 7/9/2016 while no review petition was filed till 14/3/2020 and even the same was not filed after 1/3/2022 till 14/12/2022. Even if the period of Covid-19 w.e.f 15/3/2020 till 28/2/2022 is excluded, this petition is hopelessly time barred by more than four years. The State authority was sitting over this matter for more than four years without any justified reason.