Laxmi Kant Agarwal v. Divisional Commissioner, Banswara

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 1778/2024 Laxmi Kant Agarwal S/o Sh. Banarasi Lal Agarwal, Aged About63 Years, R/o Shri Ram Colony, Banswara, Tehsil Banswara,District Banswara, at Present Residing at Near Income TaxOffice, Udaipur Road, Banswara, Rajasthan. ----Petitioner Versus 1. Divisional Commissioner, Banswara. 2. Authorized Officer, Nagar Parishad, Banswara. 3. Dr. Mangilal Yadav S/o Sh. Rupa Yadav, R/o YadavMohalla, Badgaon, Banswara, Rural Banswara. ----Respondents For Petitioner(s) For Respondent(s) : Mr. C.S.Kotwani. : Dr. Sachin Acharya, Sr. Advocate assisted by Mr. Jitendra Mohan Choudhary, Mr. Karan Parihar & Mr. Samyak Dalal. HON'BLE MR. JUSTICE VINIT KUMAR MATHUROrder 13/02/2024 Heard learned counsel for the parties. The present writ petition has been filed against the orderdated 11.07.2023 (Annex.16) as well as order dated 11.01.2024(Annex.18) passed by the Divisional Commissioner, Banswara inthe Appeal/Revision Petition No.6/2023 filed by the respondentNo.3 under Section 73 of the Rajasthan Municipalities Act, 2009against grant of Patta to the petitioner. Learned counsel for the petitioner submits that theappeal/revision has been entertained by the DivisionalCommissioner, Banswara without deciding the application filed under section 5 of the Limitation Act. He submits that since theappeal/revision was time barred, therefore, the DivisionalCommissioner, Banswara is under an obligation to decide theapplication filed under section 5 of the Limitation Act beforeentertaining the Appeal/Revision filed by the respondent No.3. Hesubmits that the petitioner also raised an objections regarding thejurisdiction of the Divisional Commissioner on the appeal/revisionfiled at the instance of respondent No.3. Learned counsel furthersubmits that unless the application under section 5 of theLimitation Act and the issue of objections filed by the petitionerwith regard to jurisdiction for entertaining the appeal/revision isdecided by the Divisional commissioner, further proceedingscannot be continued before the Divisional Commissioner,Banswara. He, therefore, prays that the Divisional Commissionermay be directed to decide the application filed under section 5 ofthe Limitation Act. He also prays that the issue of objections filedby the petitioner with regard to jurisdiction for entertaining theappeal/ revision petition may also be directed to be decided withina specific time frame. Learned counsel for respondent No.3 is not in a position tocounter the submission made by learned counsel for the petitioner.He submits that in the identical situation, this court has decided awrit petition being S.B.Civil Writ Petition No.15983/2023(Govind Agarwal V/s State of Rajasthan & Ors.) vide itsorder dated 02.12.2023. Having considered the submissions made before this courtand also taking into account the fact that the DivisionalCommissioner, Banswara has not decided the application preferred by respondent No.3 under section 5 of the Limitation Act forcondonation of delay in filing the appeal/revision and also theissue of objections filed by the petitioner with regard tojurisdiction for entertaining the appeal/revision petition, thepresent writ petition is disposed of with a direction to theDivisional Commissioner, Banswara to decide the application filedunder section 5 of the Limitation Act for condonation of delay asalso the objections raised by the petitioner with regard tojurisdiction for entertaining the appeal/revision petition within aperiod of four weeks from the date of receipt of certified copy ofthis order, strictly in accordance with law. (VINIT KUMAR MATHUR),J