LAWS(RAJ)-2019-12-34

BNSHI DHAR SAINI Vs. STATE OF RAJASTHAN

Decided On December 14, 2019
Bnshi Dhar Saini Appellant
V/S
STATE OF RAJASTHAN Respondents

JUDGEMENT

(1.) This review petition is filed by the petitioner with delay of 686 days. An application under Section 5 of the Limitation Act for condonation of delay has been filed, wherein it is contended that the petitioner filed D.B.Civil Special Appeal (Writ) No.277/2013, Banshidhar Saini vs. State of Rajasthan and Ors. before this Court, which was dismissed by a Division Bench of this Court vide order dated 13.01.2015 while granting permission to the petitioner to file appropriate review petition, therefore, the delay of 686 days in filing this review petition was caused. The application under Section 5 of the Limitation Act for condoning the delay in filing the review petition is not seriously opposed by Mr K.K.Bissa, learned counsel appearing on behalf of the respondents.

(2.) Having heard learned counsels for the parties and having perused the contentions made in the application under Section 5 of the Limitation Act, the same is allowed and the delay of 686 days in filing the review petition is condoned.

(3.) This review petition is preferred on behalf of the petitioner seeking review of the judgment/order dated 02.04.2013 passed by this Court in S.B.Civil Writ Petition No.3996/2007, Banshi Dhar Saini vs. State of Rajasthan and Ors. Vide judgment/order dated 02.04.2013, whereby this Court dismissed the writ petition filed by the petitioner while placing reliance on two decisions of this Court rendered in SBCWP No.8691/2011, Mahendra Kumar vs. State of Rajasthan and Ors. decided on 22.10.2011 and SBCWP No.4530/2005, Poonam Choudhary vs. State of Rajasthan and Ors. decided on 06.08.2008.