LAWS(RAJ)-1999-2-20

SAMPAT LAL DAGA Vs. UNION OF INDIA

Decided On February 09, 1999
SAMPAT LAL DAGA Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) On the basis of Supreme Court judgment in case of M/s. Har Karan Das Mangi Lal v. Union of India, AIR 1981 SC 1734, learned counsel Shri Thanvi for the petitioner, submitted that the State Government as well as the Central Government both committed an error in passing the orders at Annexure 5 dated 17-5-1990 and Annexure 11 dated 4-6-1993 respectively only on the ground of delay. He also places on record photostat copies of the judgment of the learned single Judge of this Court in case of Roshan Lal v. State of Rajasthan (S.B. Civil Writ Petition No. 2549/85 decided on 16-12-1986 and case of Zakir Hussain v. Union of India (S.B. Civil Writ Petition No. 1627/83 decided on July 21, 1994 and submitted that two learned single Judges of this Court relying upon the aforesaid decision of the Supreme Court allowed the writ petitions. He, therefore, submits that this Court may allow the writ petition filed by the present petitioners and quash the impugned orders at Annexure 5 and 11 passed by the State Government and the Central Government , respectively.

(2.) In Har Karan Das's case (supra) the Apex Court observed as under :-

(3.) Relying upon the aforesaid judgment, the above writ petitions field by Roshan Lal and Zakir Hussain respectively were also allowed by the learned single Judges of this Court.